The appellant appealed a summary conviction for impaired driving, arguing that breath samples were not taken "as soon as practicable" due to a 22-minute delay waiting to enter a police station sally port.
The trial judge relied on extensive experience to find the delay reasonable and not requiring specific explanation.
The Superior Court upheld the trial judge's decision, finding no palpable and overriding error in concluding that the samples were taken as soon as practicable.
The court emphasized that the "as soon as practicable" standard does not require an accounting for every minute of delay, especially when the overall time is reasonable and within the two-hour statutory limit.
