What is the test for obtaining a breath sample from a motorcyclist?
Ontario, Canada
The following excerpt is from R. v. Bazely, 2018 ONCJ 876 (CanLII):
The absence of either a subjective or objective basis for such a suspicion will render the demand invalid. The seizure of a breath sample would be a violation of the subject’s right to be free from unreasonable search and seizure. R v. Grant (1991), 1991 CanLII 38 (SCC), 67 C.C.C. (3d) 268 (SCC)
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