He put a tiny breath sample through the part of the lab kit which read off a basic metabolism rate.
Griffin spent three days in jail after he refused to give a breath sample.
These breath samples are typically taken at the roadside by an investigating police officer.
A second breath sample was taken 15 minutes or more after the first sample.
While the breathalyzer test results were given to the accused's lawyer, the breath sample itself was not.
Police do not need a reason to request a breath sample.
If there was alcohol in the breath sample, the solution changed colour.
Or the healthy breath samples could have been collected in a different room on different days.
He went on the exclude the breath samples as evidence under section 24(2) of the Charter.
The purpose of this is to prevent someone other than the driver from providing a breath sample.