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“At this time Const. Sauer decided this would be a good opportunity to employ the Mandatory Alcohol Screening authority recently brought into force in Canada,” his notes say. There is no other reason cited for pulling Forster over. There is also nothing in Sauer’s notes to indicate drinking or any signs of impairment during the stop.

You have a greater right to dispute a traffic ticket than you do one of these

Forster later told the administrative tribunal he believed “the police are specifically targeting (my vehicle).” But the tribunal didn’t address this, saying it fell outside its scope of review.

Forster repeatedly failed to provide a breath sample that the screening device could use. Sauer’s notes say he observed Forster coughing, but rejected the explanation of asthma, in part because he has “experience through work and in personal life dealing with people with asthma” and Forster appeared to be breathing fine. The notes say Forster’s cheeks were puffing out and his face went red during attempts to blow. (There is no mention of the chronic lung condition in the notes.)

“In Const. Sauer’s opinion, Forster was putting on a show to make it look like he was trying to provide his breath sample but the small amount of air he was using to attempt to provide a breath sample was much less than the deep breath of air he took in prior to the attempt,” the officer’s notes say.

The tribunal ultimately took the officer’s side. “I am mindful through my knowledge and experience with the testing procedure that the flow rate required for a valid sample is relatively low,” the adjudicator wrote. “If you were blowing so hard that your cheeks puffed up and your face was red from exertion it would mean that you were blowing too much air for the mouthpiece to handle.”