The accused was charged with refusal to provide an adequate sample into an approved screening device (ASD) following a RIDE stop.
The Crown alleged the accused failed to provide a sufficient breath sample during multiple attempts at the roadside.
The court found the accused not guilty, determining that the Crown failed to establish a valid demand based on reasonable suspicion and failed to prove beyond a reasonable doubt that the accused intentionally refused to provide a sample.
The officer's evidence was undermined by inconsistencies regarding the smell of alcohol, poor documentation of the testing procedures, failure to activate video recording, and subsequent unauthorized breath demand.
