The accused was charged with failing or refusing to comply with a mandatory alcohol screening demand made pursuant to section 320.27(2) of the Criminal Code following a traffic stop for speeding.
The accused made four attempts to provide a breath sample into an approved screening device, each resulting in a "blow interruption" error.
The court found that the accused's attempts were feigned and constituted an unequivocal refusal to comply with the lawful demand.
The court rejected Charter arguments regarding sections 8, 9, and 10(b) of the Canadian Charter of Rights and Freedoms.
The accused was convicted of failing to comply with the screening demand and also pleaded guilty to speeding.
