B.C. woman acquitted of failing to provide breath sample because police did not make demand 'immediately'

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B.C. woman acquitted of failing to provide breath sample because police did not make demand 'immediately'
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A B.C. judge has acquitted a Vancouver Island woman of failing to provide a breath sample because police waited upwards of 10 minutes before asking her to blow into an alcohol-screening device.

A B.C. judge has acquitted a Vancouver Island woman of failing to provide a breath sample because police waited several minutes before asking her to blow into an alcohol-screening device after they suspected she was impaired.

Staff at the pub had reportedly refused to serve alcohol to a woman because she appeared intoxicated. The woman allegedly got back in her car and drove away, but not before someone took down her description and licence plate number. Another police officer, RCMP Const. Wreggitt, testified that he arrived at the home and found Mongraw speaking with the man and Brooker, with whom he had previous dealings.

However, the man testified in Brooker's defence and denied telling police Brooker was intoxicated when she got home. He instead testified that Brooker was drinking vodka at the house before he got home and he did not know whether or not she was sober when she arrived home.

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