The accused was charged with impaired driving following a traffic stop on October 23, 2016, in Perth, Ontario.
An approved screening device (ASD) test resulted in a fail reading.
The defence argued that the officer failed to follow a November 26, 2013 memorandum from the Ontario Provincial Police Deputy Commissioner regarding the potential effects of food, drink, and hand sanitizer on ASD readings, which required a 15-minute waiting period before testing.
The court rejected the defence argument and distinguished the case from R v. Wong, finding that the memorandum lacked proper evidentiary foundation and that an officer cannot be bound to follow a directive of which they were unaware.
