The accused was charged with failing to comply with a demand to provide suitable samples of breath into an approved instrument.
The accused claimed he suffered from allergic bronchitis that prevented him from providing the required samples despite his best efforts.
The Crown presented evidence from the qualified breath technician and video evidence of the breath room procedure.
The accused testified that his medical condition impaired his ability to provide samples.
The court found that the accused intentionally failed to provide the second suitable sample and did not have a reasonable excuse based on his medical condition.
The court convicted the accused as charged.
