On November 12, 2008, just before 10:45 p.m., Ms. Jaycox drove her vehicle up to and through a routine police roadblock near Shawnigan Lake without stopping. An officer pursued Ms. Jaycox for a short time before she pulled her car over and stopped and when Ms. Jaycox opened her car door, the officer detected a "very strong odour of liquor". Based on his own observations and the information provided by the first officer, a second officer read the ASD demand twice to Ms. Jaycox. She was given a number of opportunities to comply with the demand, but was not advised of any right to counsel, nor afforded the opportunity to speak to counsel. She refused each demand for a breath sample.  She was acquitted of failing to comply with an ASD demand at trial on the basis that the demands she had refused were unlawful when made. An argument had been made at trial that the right to counsel was no longer suspended for roadside samples due to July 2008 amendments to the Criminal Code. The British Columbia Court of Appeal concluded that the right to counsel was still suspended at roadside because of the brevity of the detention and the obligation of the detainee to provide a sample “forthwith”.  R. v. Jaycox, 2012 BCCA 365