Facts: JS was observed by the police driving at a high rate of speed and swerving towards the center lane. The officer indicated that she had slurred speech, glossing bloodshot eyes, loss of find motor skills and an odour of liquor on her breath. She provided ONE samples of breath into an ASD which read “FAIL” indicating over 80 mgs %. She became upset and was crying and the officer could not advise her as a result of her right to a second ASD test owing to her emotional state. DecIsion: SMV not satisfied that JS was advised of her right to a second ASD test on a different ASD unit. Driving prohibition REVOKED, no fine imposed, all towing and impound fees paid by the SMV. (November 2012)
