R. v. Hafermehl

[1993] A.J. No. 981

Facts

AL CA

"Where a police officer reasonably believed that a vehicle posed danger to the travelling public or reasonably believed that there was a risk to the security of the vehicle or its contents, a reasonable delay in transporting an accused to a location where a breath test might be administered in order to avoid these risks was justified. The test was whether the breath tests were administered "within a reasonably prompt time under the circumstances" keeping in mind both subjective and objective factors"