Client observed by police committing a traffic infraction. A traffic stop was initiated. RCMP officer formed a reasonable suspicion that client had alcohol in his body and demanded that client provide a breath sample into a roadside screening device. Client registered a fail and was arrested for impaired driving. Client ultimately failed to provide breathalyzer samples at the police station. Charter Notice was filed alleging that the fail on the roadside screening device ought to be excluded from evidence and that as a result, there were insufficient grounds for the arrest and demand for breathalyzer samples and thus the client had a reasonable excuse for not providing a sample. The basis for this was that it was evident from a review of the disclosure received that the officer knowingly used a roadside screening device whose alcohol calibration had expired. It was therefore argued it was not reasonable for the officer to rely on the fail result for his grounds to arrest. On date of trial, Crown withdrew the charges pursuant to this argument.