The appellant appealed his conviction for driving over the legal limit, arguing the trial judge erred in finding the police officer had reasonable suspicion to make a roadside breath demand.
The officer's notes contained errors, including checking 'absent' for the odour of alcohol, which he explained at trial as a mistake.
The Summary Conviction Appeal Court found the trial judge's acceptance of the officer's evidence was not unreasonable and did not constitute a palpable and overriding error.
Although the trial judge erred by presuming the officer's credibility was enhanced by his career status, this error did not cause a substantial wrong.
The appeal was dismissed.
