The appellant appealed his conviction for refusing to provide a breath sample after being stopped while operating a boat.
He argued the trial judge erred in finding the demand was made immediately following the officer's reasonable suspicion and misapprehended evidence regarding the delay.
The Superior Court of Justice dismissed the appeal, finding the trial judge's factual findings regarding the crystallization of reasonable suspicion and the justification for the delay due to approaching rapids were reasonable and supported by the evidence.
