Law Cans

How to Challenge Breathalyzer Results in Court, with Kyla Lee

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Synopsis

R v. Alex. is a 2017 Supreme Court of Canada decision in which the Supreme Court had to determine whether the Crown needs to prove that a police officer's request that an individual blow into an approved screening device is reasonable before it can admit the results of the breathalyzer without having to call a toxicologist and a technician as a witness. Kyla Lee is an Associate at Acumen Law Corporation, She is the host of Driving Law, a podcast which focuses on Canadian DUI law. She can be found at @IRPLawyer online. We discuss the difference between breathalyzers and approved screening devices, challenging breathalyzers, the difference in how breathalyzers work in the criminal context vs. provincial immediate roadside prohibition context and more.