AS SOON AS PRACTICABLE - EXPLANATIONS NEEDED WHEN CHOOSING WHICH DETACHMENT TO TAKE SUSPECT TO

Mr. Prestupa was arrested for impaired driving near the town of Viscount, Saskatchewan. The officer drove him about 80 kms to Saskatoon for breath samples. At trial there was evidence that three other RCMP detachments were closer than Saskatoon.  The trial judge acquitted Mr. Prestupa on the basis that the breath samples were not obtained "as soon as practicable" as "all things being equal the breath samples could have been taken sooner".  The Crown's summary conviction appeal was allowed and that court entered a guilty verdict. The Saskatchewan Court of Appeal dismissed Mr. Prestupa's appeal. The Court pointed out some of the reasonable explanations the officer gave with respect to his decision:  he knew Saskatoon had a breath machine (he was not sure about the other detachments) and he called a breath tech from the roadside to ensure the tech was ready at the Saskatoon detachment by the time they got there.  The Court also confirmed the following principle:

The phrase “as soon as practicable” is well established: [I]t simply means the breath samples must be taken within a reasonably prompt time in the circumstances. In other words, the Crown does not need to prove that breath samples were taken as soon as possible to satisfy the “as soon as practicable” requirement. R. v. Prestupa, 2016 SKCA 118