Can a defendant be charged under section 254(5) of the Criminal Code for refusing to supply a breath sample pursuant to a breathalyzer demand?
Nova Scotia, Canada
The following excerpt is from R. v. McCulloch, 2004 NSPC 3 (CanLII):
This is the matter of Regina v. McCulloch. The defendant is charged with one count under s. 254(5) of the Criminal Code. It is alleged that he refused to supply a breath sample pursuant to a breathalyzer demand made pursuant to s. 254(3) of the Criminal Code.
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