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 R. v. Hayes

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ID: 137

Title: R. v. Hayes

Cite: 19 C.C.C. (3d) 569

Court: ON CA

Date: 25/03/1985

Justices: Dubin, Martin and Thorson JJ.A.

Result: Appeal allowed; new trial ordered

WhoWon: P

Issue: Fifteen Minutes Apart




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. Edit


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 Edit

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