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19 Crim. L.Q. 415 (1976-1977)
Roadside Screenings: A Peace Officer's Views

handle is hein.journals/clwqrty19 and id is 431 raw text is: Roadside Screenings: A Peace Officer's Views F. C. Harvey* Section 234.1 of the Criminal Code as enacted by s. 15 of the Criminal Law Amendment Act (S.C. 1974-75-76, c. 93) has now been proclaimed' in force in the Territories and all provinces except Prince Edward Island, Quebec and British Columbia. The complete text of s. 234.1 is as follows: 234.1 (1) Where a peace officer reasonably suspects that a per- son who is driving a motor vehicle or who has the care or control of a motor vehicle, whether it is in motion or not, has alcohol in his body, he may, by demand made to that person, require him to provide forthwith such a sample of his breath as in the opinion of the peace officer is necessary to enable a proper analysis of his breath to be made by means of an approved roadside screening device and, where necessary, to accompany the peace officer for the purpose of enabling such a sample of his breath to be taken. (2) Everyone who, without reasonable excuse, fails or refuses to comply with a demand made to him by a peace officer under sub- section (1) is guilty of an indictable offence or an offence punish- able on summary conviction and is liable (a) for a first offence, to a fine of not more than two thou- sand dollars and not less than fifty dollars or to imprison- ment for six months or to both; (b) for a second offence, to imprisonment for not more than one year and not less than fourteen days; and (c) for each subsequent offence, to imprisonment for not more than two years and not less than three months. (3) In proceedings under this section, where it is proved that the accused occupied the seat ordinarily occupied by the driver of a motor vehicle, he shall be deemed to have had the care or control of the vehicle unless he establishes that he did not enter or mount the vehicle for the purpose of setting it in motion. Of the Ontario Provincial Police. Proclamations: Ontario and Alberta, S1/76-1 10, Can. Gaz. Pt. I1 Vol. I 10, No. 19; Nova Scotia, New Brunswick, Newfoundland, North West Territories, and Yukon Territories, SI/76-148, Can. Gaz. Pt. 11, Vol. 110, No. 23; Manitoba, SI/76-174, Can. Gaz. Pt. II, Vol. 110, No. 24; Saskatchewan, SI/77-7, Can. Gaz. Pt. II, Vol. III, No. I. 415 17-19 C.L.Q.

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