Roadside demand can be justified based on smell of alcohol

As roadside demand can be justified by the smell of alcohol on the driver’s breath. 

 

See today’s brief decision in R v.  Carson, 2009 ONCA 157:

 

With respect, the Summary Conviction Appeal Judge erred in concluding that the investigating officer could not conclude, for purposes of making a roadside demand under s. 254(2) of the Code, that a driver has alcohol in his body by the smell of alcohol on his breath. This court in R. v. Lindsay (1999), 134 C.C.C. 463 held otherwise. We affirm the correctness of that decision.