What is the test for reasonable and probable grounds to demand a breath sample from a driver?
Ontario, Canada
The following excerpt is from R. v. Holland, 2008 CanLII 20340 (ON SC):
In the assessment as to whether or not the officer had reasonable and probable grounds during the arrest to demand a breath sample, the officer must subjectively have reasonable and probable grounds on which to base the arrest. Such grounds must be justifiable from an objective point of view. (Storrey v. The Queen)[3]
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