R. v. Pavel

53 C.C.C (3d) 296

Facts

ON CA

Section 254(3) demand for blood by officer at hospital other than the one who had formed the belief earlier at the scene. Cst. Waddell had earlier made a 254(3) breath demand based on ASD fail but breath tests were never taken because accused complained of chest pains at police station.

Reasons

ON CA

The police officer demanding the breath or blood sample must be the same one who formulated the belief. In this case breath demand following ASD fail was valid but later blood demand by another officer not valid because second officer had no info about time of accident.

Issue

ON CA

Demand by officer other than the one who has the belief respecting offence in last 2 or 3 hours