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Delay in giving breathalyzer test breached Charter, judge rules

Monday, March 13, 2017 @ 1:29 PM | By Tom Venetis

A judge at the Ontario Court of Justice found an officer breached a driver’s Charter rights by taking too long to administer a roadside breathalyzer test.

Hugo Buenrostro-Ramirez was involved in a minor vehicle collision in Toronto in September 2014. He was having an argument in his vehicle with a woman identified as his girlfriend when he became distracted and rear-ended another vehicle.

Arresting officer Rachid Saib asked Buenrostro-Ramirez if he had been drinking. Buenrostro-Ramirez answered that he had had “one drink.” Saib did not then...