BREATH DEMAND - FORGETTING TO READ THE DEMAND FOR 7 MINUTES WAS AS SOON AS PRACTICABLE

The officer forgot to read the breath demand roadside. He read it 7 minutes later at the police station. The court held that as soon as practicable did not mean as soon as possible. The demand was proper.

The accused also argued that the officer did not have the necessary grounds to make the demand. The officer formed his grounds after concluding that the accused was more intoxicated than he originally thought because he was unable to follow directions and provide a sample of breath into the ASD. The court was satisfied that the grounds were met. R. v. Melnik, 2011 SKPC 120