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Charge(s): Fail/Refuse to Provide Breath Sample
Location: Kingston, Ontario
Our Client(s): Mr. M
Year: 2023
Lawyer/Paralegal: Virginia Dolinska
Ottawa Criminal Lawyer - Virginia DolinskaLEARN MORE

Please Note: Past results not predictive of future results.

The Background

Our client was involved in a single vehicle accident. He was the only person in the vehicle. Upon the arrival of the police at the scene, it was observed that the vehicle sustained severe damage. The police were met with numerous witnesses. Once the police interacted with our client, it was determined that he had alcohol in his body and a roadside breathalyzer demand was issued. Mr. M failed the test and was arrested for operating a motor vehicle with a blood alcohol concentration of 80 BAC or more. He was transported to the police station for additional breath testing; however, Mr. M then requested to be seen by paramedics and was moved to the hospital from the station. After medical testing was complete, the allegations were that Mr. M refused to provide breath samples.

The Goals

The objective was to have Mr. M’s matter withdrawn, or in the alternative, resolve the matter with a guilty plea to careless operation under the Highway Traffic Act which would not entail a criminal conviction.

The Strategy

Through the detailed review of Crown’s disclosure, including the investigation notes taken by police it became apparent that our client’s rights under the Canadian Charter of Rights and Freedoms were breached by police conduct. Further, discussions with Mr. M regarding the events that transpired revealed information that supported his defence.

The Results

After negotiations with the Crown Attorney as to police conduct and what transpired while Mr. M was in the hospital, the charge of refuse/fail to provide breath sample was withdrawn.

Mr. M was very happy with the outcome. He was able to keep his driver’s licence and walk away without a criminal record.


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