The accused was charged with failing to comply with a demand to provide a sample of breath into an approved screening device.
The Crown proceeded summarily and the accused pleaded not guilty.
The court found two fatal defects in the Crown's case: first, the demand made by the constable was not a valid demand under section 254(2) of the Criminal Code because the officer already had reasonable grounds to believe the accused had committed an impaired driving offence under section 253, making the screening device test an unnecessary intermediate step; and second, the Crown failed to prove beyond a reasonable doubt that the accused possessed the necessary mens rea, as the officer could not articulate why the breath samples were unsuitable.
The charge was dismissed.
