The driver was stopped at a roadblock. The officer noted an odour of alcohol and the driver admitted to consuming alcohol. The officer made a breath demand to the driver. The driver provided 7 breath samples but only one of the samples was suitable and registered a “Fail”. The driver was issued a 90 Day Immediate Roadside Prohibition.

The driver was making genuine efforts to provide a breath sample. The officer’s report and the Expert Report, support that the Approved Screening Device was not being properly operated by the officer.

“After reviewing the evidence before me, I find that you were not provided with an adequate opportunity to provide a second sample of breath for analysis. I am satisfied that the second analysis was not provided by the officer.”

The 90-day Immediate Roadside Prohibition was revoked and the vehicle was released.