Facts: At 1:29 am officers observed JV driving erratically at a face pace down side streets located in Kitsilano. Police noted very loud music playing and JV was yelling in his car. Police activated emergency equipment and the car failed to immediately stop and went straight through a stop sign without stopping after which JV stopped the vehicle for the police. JV had glassy watery eyes, speech was noticeably slurred and his breath smelled of alcohol. JV was adamant with the police officer when questioned that he had NOT consumed any alcohol. He feigned blowing on the ASD and later gave one breath sample that registered a “FAIL” on the ASD. Police explained to JV that he had a right to a second ASD test and the police officer wrote that JV said he wanted to do a second test but then later changed his mind. JV indicated in his written statement on the appeal that he wanted to do a SECOND ASD TEST and waited for about 10 minutes for a SECOND ASD UNIT to arrive. After the 10 minute wait he then questioned the officer about how long it may take for the ASD unit to arrive. The officer indicated “WHO KNOWS, THIS COULD TAKE ALL NIGHT”. JV then indicated to the officer as follows: ”I DON’T WANT TO WAIT ALL NIGHT” and the police thereafter retreated to his vehicle where, unbenounced to JV, he cancelled the second police unit that was bringing a second ASD unit to the scene. Decision: “Having reviewed the evidence before me, I find the officer did not provide you with the opportunity to provide a second sample of your breath”. Driving prohibition revoked, no fine imposed, all towing and impound fees paid by the SMV. (June 2013)
