Mr. B. contacted our office after being charged with refusing to provide a breath sample. The client had relatively few defences but instructed our office to proceed to trial as he did not have a criminal record. At trial, the primary officer was asked if he could identify the type of roadside screening device that was used in the investigation, he could not. Crown counsel then sought to assist the officer by posing a question that suggested the appropriate answer. Mr. Wyman properly objected as the question was leading and impermissible. The trial judge agreed and the crown was unable to establish that the roadside sample was taken from an approved device. As such, the charges were withdrawn mid trial. This case is an example that anything can happen at trial. The result was unexpected by obviously welcomed by our client.