Elderly client charged with failing to provide a roadside screening test. Five attempts made to provide suitable sample. Client advised officer that he was trying to comply but had health problems which he believed was preventing him from blowing properly.
Held: Defence provided letter to the Crown from client’s medical doctor confirming history of past heart attack, lung problems from working in a factory and anxiety disorder. In the letter the doctor offered an opinion that such health factors could reasonably explain the client’s inability to provide a suitable sample if the air force required was akin to blowing up a balloon. Crown agreed to withdraw the charge without trial of the issue.