AS SOON AS PRACTICABLE - A 28 MINUTE GAP BETWEEN THE FIRST AND SECOND BREATH SAMPLES ALLOWED

Ms. Singh was convicted at trial but her summary conviction appeal was allowed, due to a 28 minute delay between her first and second breath sample.  The Ontario Court of Appeal allowed the Crown's appeal and restored her conviction:

The requirement that the samples be taken “as soon as practicable” does not mean “as soon as possible”. It means nothing more than that the tests should be administered within a reasonably prompt time in the overall circumstances. A trial judge should look at the whole chain of events, keeping in mind that the Criminal Code permits an outside limit of two hours from the time of the offence to the taking of the first test. The "as soon as practicable" requirement must be applied with reason. It is worth repeating that the Crown is not required to call evidence to provide a detailed explanation of what occurred during every minute that the accused is in custody. These provisions of the Criminal Code were enacted to expedite the trial process by facilitating the introduction of reliable evidence to prove an accused’s blood-alcohol level. Interpreting these provisions to require an exact accounting of every moment in the chronology from the time of the offence to the second test runs counter to their purpose. The touchstone for determining whether the tests were taken as soon as practicable is whether the police acted reasonably. R. v. Singh, 2014 ONCA 293