Trial on a charge of refusal to provide breath samples. Issue regarding whether reasonable grounds existed to make a lawful breath demand. Police received a “vague” complaint about a possible impaired driver. Accused fumbled with various documents (producing the wrong documents), there was an odour of alcohol in the vehicle, and the accused’s overall behaviour was “very off”. Accused arrested, and breath demand made.
Unlawful demand, as reasonable grounds did not exist. “There was no evidence … of driving pattern, slurred speech, objective findings of lack of coordination nor any acknowledgment of consumption of alcohol and he spent only one to one and half minutes interacting with the driver through a window.”
Nielsen – Defence Counsel