The Crown appealed a summary conviction appeal court decision that overturned the accused's conviction for driving over 80.
The appeal judge had ruled that the arresting officer should have waited 15 minutes before administering an approved screening device test to rule out the possibility of residual mouth alcohol, as the accused had just left a bar parking lot.
The Court of Appeal allowed the appeal and restored the conviction, holding that an officer is not required to delay the test if they honestly and reasonably believe they cannot form an opinion about whether the driver consumed alcohol within the prior 15 minutes.
The officer was entitled to rely on the accuracy of the screening device and administer the test forthwith.
