An officer made an ASD demand on Mr. Veen and instructed Mr. Veen on how to provide a breath sample into the ASD. He raised the ASD to Mr. Veen’s mouth but Mr. Veen did not provide sufficient air to produce a reading. The officer arrested Mr. Veen and transported him to the District Office. Mr. Veen was detained for 1 hour and 36 minute after his arrest. The officer admitted that he did not turn his mind to whether it was in the public interest to arrest and detain Mr. Veen. When it was suggested that the offence was completed and he was not required to arrest and detain Mr. Veen, he agreed and said that he could have issued a promise to appear and released Mr. Veen at the scene, but did not do so. The trial judge found an unlawful arrest and stayed the charge, R. v. Veen, 2019 ABPC 55, and that was upheld on appeal: R. v. Veen, 2020 ABQB 99