The accused was arrested for impaired driving at a RIDE check and taken to a neighbouring police station because the arresting detachment lacked an on-duty breath technician.
At the station, the breath technician had to process another suspect simultaneously, resulting in a 57-minute delay between the accused's first and second breath samples.
The court found that the police acted reasonably in both setting up the RIDE check without a technician and in overlapping the sampling procedures for the two suspects.
The breath samples were deemed to have been taken as soon as practicable, and the accused was found guilty.
