The appellant appealed his summary conviction for refusing to comply with an Approved Screening Device (ASD) demand.
He argued the trial judge erred in finding reasonable suspicion, finding an intentional refusal, and improperly using his roadside silence to reject his trial testimony regarding medical excuses.
The Summary Conviction Appeal Court found no error in the reasonable suspicion or intentional refusal findings.
However, the court held the trial judge committed a reversible error by using the appellant's pre-arrest roadside silence to reject his trial evidence.
The appeal was allowed, the conviction quashed, and a new trial ordered.
