The accused was charged with impaired driving following a roadside screening device test administered at a RIDE stop.
The trial raised two key issues: (1) whether the approved screening device test was administered within a reasonable timeframe given concerns about mouth alcohol affecting the reliability of the results, and (2) whether the test was administered forthwith as required by statute.
The Crown alleged the accused had consumed one beer approximately 10-15 minutes before the stop.
The defence argued the accused had consumed the beer immediately before leaving the bar, approximately 11 minutes before the stop, and that the officer failed to wait a sufficient period to ensure mouth alcohol had dissipated.
The court found the officer acted reasonably in waiting approximately eight minutes before administering the test, which was consistent with the officer's belief that the accused had finished his beer 10-15 minutes prior to the stop.
The court rejected the accused's evidence and accepted the officer's testimony regarding what the accused had stated about his alcohol consumption.
