The accused stood trial for failing to comply with a breath demand and driving while suspended.
The court found that the six-minute delay between the police forming grounds and making the demand was lawful, as it was used to identify the driver.
The accused unequivocally failed to provide a sample by feigning attempts and later admitting he did not want to cooperate.
His subsequent offer to provide a sample 16 minutes after his arrest was not a valid 'change of heart' as it occurred after the time within which the police could have lawfully obtained a compelled sample.
The accused was found guilty of both offences.
