What is the test for reasonable suspicion of impairment under section 254(2) of the Criminal Code?

Ontario, Canada


The following excerpt is from R. v. Keats, 2013 ONCJ 277 (CanLII):

[60] Section 254(2) requires that the officer have “reasonable grounds to suspect” the presence of alcohol in the body. The officer’s reasonable suspicion is in relation only to alcohol in the body. The officer need not suspect impairment, nor indeed an illegal blood alcohol level. Observations of overt indicia of impairment or consumption are not required and the reasonable suspicion must be objectively reasonable. Each case is fact specific and previously decided cases, although they can be informative, it is an incorrect approach to look at other cases and pigeonhole into those fact situations. See Regina v. Singh [2006] O.J. No. 5133 paras. 8 and 14.

Other Questions


What is the test for obtaining a search warrant and consent authorization under section 487 and section 184.2 of the Criminal Code? (Ontario, Canada)
Is an attempt to commit a crime known to law, that was thwarted by chance, still a criminal attempt under section 24(1) of the Criminal Code? (Ontario, Canada)
What is the test for reasonable grounds under section 254(3) of the Criminal Code? (Ontario, Canada)
Does the applicant need to refer to section 834 of the Rules of Civil Procedure and Procedure in the context of Section 834(1) of the Criminal Code? (Ontario, Canada)
What is the test for branch 1 of the section 12 exemption under section 12 of the Criminal Code of Canada? (Ontario, Canada)
What is the test for proving a prima facie breach of section 15(1) of the Criminal Code of Canada? (Ontario, Canada)
What is the test for an offence under section 281 of the Criminal Code of Canada? (Ontario, Canada)
What are the implications of the new provisions of section 39.4(3) of the Criminal Code in relation to relocation of a residence? (Ontario, Canada)
What is the test for arrest under section 495(1)(a) of the Criminal Code? (Ontario, Canada)
Does section 282 of the Criminal Code apply to parental abduction? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.