The accused was stopped at a RIDE program, failed a roadside screening test, and was brought to the station for breath tests.
At trial for an 'Over 80' charge, the sole issue was whether the breath tests were taken 'as soon as practicable' under s. 258(1)(c)(ii) of the Criminal Code, given a delay to consult duty counsel.
The court found the police acted reasonably in revisiting the right to counsel at the station after an ambiguous roadside response, and the accused requested to speak to duty counsel.
The Crown proved the tests were taken as soon as practicable, and a finding of guilt was entered.
