The accused was pulled over for erratic driving and admitted to drinking.
The police officer demanded a roadside screening test (ALERT) forthwith, which the accused failed.
The officer then made a breathalyzer demand, and the accused provided samples over the legal limit.
At trial, the accused argued the officer lacked reasonable and probable grounds for the breathalyzer demand because he did not wait 15 minutes to ensure mouth alcohol had dissipated before the ALERT test.
The Supreme Court of Canada held that 'forthwith' in s. 254(2) means immediately, and an officer is entitled to rely on a 'fail' result to form reasonable and probable grounds unless there is credible evidence to the contrary known to the officer.
The appeal was allowed and the conviction restored.
