The appellant appealed his summary conviction for failing or refusing to provide a breath sample into an approved screening device.
He argued that the police officer provided faulty instructions on how to blow into the device and that he lacked the requisite mens rea to refuse.
The Superior Court of Justice dismissed the appeal, finding that the trial judge reasonably concluded the officer's instructions were clear and that the appellant intentionally failed to provide a suitable sample after six attempts, followed by an outright refusal on the seventh demand.
