The driver was observed speeding by the police. The officer failed to include in his report that he had temporarily lost visual contact of the driver when the driver returned into an establishment to retrieve their driver’s license. The office noted an odour of alcohol and breath and the driver admitted to consuming alcohol. The officer made a breath demand into an Approved Screening Device. The driver provided two “Fail” readings. The driver was issued a 90 Day Immediate Roadside Prohibition.

After some investigation by Cathryn Waker – the officer admitted to loosing visual contact of the driver and this evidence was submitted in the hearing. The results of the Approved Screening Device are not reliable as there was mouth alcohol present.

“Having considered the evidence before me, I am not satisfied that the ASD registered a “Fail” as a result of your Blood Alcohol Content exceeding 80 mg%”.

The 90-day Immediate Roadside Prohibition was revoked and the vehicle was released.