The Crown appealed the accused's acquittal on a charge of failing to comply with a roadside breath demand.
The trial judge had acquitted the accused on the basis that the police officer failed to make the demand 'forthwith' after forming reasonable suspicion, due to an eight-minute delay.
The Superior Court of Justice allowed the appeal, finding that the trial judge erred in law by conflating the requirement for a prompt demand with the requirement for an immediate response, and by invalidating the demand despite finding that the accused's own belligerent behavior caused the delay.
A conviction was entered and the matter was remitted to the trial judge for sentencing.
