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Case Briefs Database at
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This is a database of lists of cases connected to particular criminal law issues. You can read the full text for most of the cases listed by visiting https://www.canlii.org/. If you are a law student, student-at-law, or a lawyer and you have additional cases that should be added to this list, please contact us at the email address at the bottom of this page. This portion of the database contains notes (some of which are quite old) made by the author and various students.
R. v. Hayes
19 C.C.C. (3d) 569
Reasons
ON CA
There was evidence in my openion that there was an interval of at least 15 minutes between the time of taking of the first sample and the commencement of the takin of the second sample...As long as the 2 tests are conducted within the 2 hour limit, the breath tech does not have to make it as close to 15 mintes a part as possible
Facts
ON CA
Accused was observed by an OPP officer backing up out of a ditch. When the accused approached the officer the officer noticed him unsteady on his feet, speech slured, and his eyes glassy. The officer then formed the opinion that his ability to operate a motor vehicle was impaired by alcohol. He was placed under arrest cautioned and the officer demanded a breath sample. When the accused arrived at the staion he took 15-20 seconds to complete the first breath test, and 15-20 seconds to complete the second test.