This case addresses whether the accused, Asmond Hazzard, failed or refused to comply with a demand for a Drug Recognition Evaluation (DRE).
The court examined two issues: whether the accused understood the demand and whether his actions constituted a failure or refusal to comply.
The accused was found in care and control of a motor vehicle and exhibited confusion and disorientation throughout his interaction with police and the DRE officer.
The court found that the Crown did not prove beyond a reasonable doubt that the accused grasped the demand, nor that he failed or refused to comply, concluding that his inability to cooperate was due to gross impairment rather than unwillingness.
An acquittal was entered.
