The accused was charged with operating a motor vehicle with excess alcohol.
At trial, the arresting officer testified about the roadside screening device failure but failed to give evidence that a formal breath demand was made before the breathalyzer tests at the station.
The court held that evidence of a valid breath demand is a statutory pre-condition to the admissibility of the Certificate of Analysis.
Alternatively, taking breath samples without a demand violated section 8 of the Charter, and the evidence was excluded under section 24(2).
The accused was found not guilty.
