Is reasonable grounds in the context of a s. 254(3) breath demand?

Ontario, Canada


The following excerpt is from R. v. Kolody, 2008 ONCJ 283 (CanLII):

[33] As stated in Regina v. Censoni, [2001] O.J. No. 5189 : Reasonable grounds in the context of a s. 254(3) breath demand is not an onerous threshold. It must not be inflated to the context of testing trial evidence. Neither, of course, is it so diluted as to threaten individual freedom. All too often, however, the defendant invites the trial court to engage in minute decisions of the officer's opinion - an opinion developed on the spot without the luxury of judicial reflection.

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