What is a reasonable excuse for failing a breath test?
Alberta, Canada
The following excerpt is from R. v. Bryden, 1974 CanLII 246 (AB QB):
In deciding what is a "reasonable" excuse, it is proper to take into account the purpose of the legislation, which, as Martin J.A. says in Regina v. Taraschuk, supra, at p. 163: " … is to provide a compulsory breath test as an aid to the early detection of persons driving or having the care or control of motor vehicles while their ability to drive a motor vehicle is impaired by alcohol or drugs and, who, consequently, represent a threat to the safety of the public."
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