The accused, Karina Arutunian, was charged with refusing to provide a breath sample into an ASD device at a RIDE program.
After multiple failed attempts and an outright refusal, she was arrested.
Immediately after arrest, she was allowed to contact counsel.
Following consultation, she requested another opportunity to provide a sample, which the officer refused.
The court considered whether the initial refusal was provisional or if she was entitled to a "last chance" to provide a sample.
Relying on similar summary conviction appeal cases, the court found that the request to blow, made promptly after speaking with counsel and while the officer and device were still on scene, was sufficiently proximate to the refusal to constitute one continuous transaction.
The court concluded the request was genuine and the officer should have accepted it.
The accused was acquitted.
