The appellant appealed a conviction for operating a motor vehicle with blood alcohol exceeding 80 mg, arguing that the trial judge erred in concluding that breath samples were taken as soon as practicable.
The appellant alleged that several periods of delay before the breath tests rendered the evidence unreliable.
The court found the trial judge had carefully assessed the evidence and reasonably concluded that delays related to contacting duty counsel, moving the vehicle, a shift change, and the availability of the breath technician were justified.
The factual findings were supported by the record and disclosed no error in principle.
The conviction appeal was dismissed.
