The accused was charged with impaired driving and failing to provide a breath sample following a rear-end collision.
The court acquitted the accused of impaired driving, finding the civilian witness unreliable and the indicia of impairment too frail to support a conviction.
However, the court convicted the accused of failing to provide a breath sample, concluding that despite the accused's limited English proficiency, he understood the breath demand and intentionally evaded providing a suitable sample by blocking the mouthpiece with his tongue.
