ACQUITTAL IN FAILURE/REFUSAL CASE

In R. v. Oltmann, 2020 ABPC 142, Mr. Oltmann was acquitted on a roadside failure/refusal charge as the Court held that the the delay in administrating the ASD tests was unnecessary and unreasonable. The officer waited for new tubes be brought to the scene to allow attempts seven through twelve to be completed, as the two tubes initially with the ASD were used up during failed attempts one through six. 

One wonders if he could have been charged with failure/refusal after the first six failed attempts to blow?