The accused was charged with operating a motor vehicle with a blood alcohol concentration over 80mg.
At trial, the accused brought a Charter application arguing the approved screening device demand was not made 'forthwith' due to a short delay while waiting for another officer to bring the device.
The court dismissed the application, finding the delay was objectively reasonable for officer safety.
The court also found the breath tests at the station were conducted 'as soon as practicable' despite minor delays.
The accused was found guilty.
