If you refused to provide a roadside breath sample after getting pulled over, but your rights were violated, there is a strong possibility that an experienced criminal defence lawyer such as Steve Norton could build a compelling case to defend you. Your lawyer will consider the following questions:
If the police made a roadside demand under s. 320.27(1) (where reasonable grounds to suspect are required):
- Did the police officer have the right or legal grounds to demand a roadside breath test?
- Was the police officer’s suspicion that there was alcohol in the person’s body reasonable?
- Was the police officer’s suspicion that the accused had, within the preceding three hours, operated a motor vehicle reasonable?
If the police made a roadside demand under the authority of s. 320.27(2) (where the police are not required to have reasonable grounds to suspect that you had alcohol in your body):
- Did the police have an approved screening device in their possession?
- Did the police officer act in the course of the lawful exercise of powers under an Act of Parliament or an Act of a provincial legislature or arising at common law?
For breath demands made under either s. 320.27(1) or 320.27(2):
- Was the correct roadside demand made?
- Did the police officer make the demand for you to provide a breath sample immediately?
- Was the approved screening device accessible immediately?
- If the demand did not fall within these requirements, was the right to counsel given to the accused?
- Was there a 15-minute mouth alcohol issue?
- Was the proper screening device used? Was there a violation of s. 8 of the Charter (i.e., a search and seizure issue) or s. 9 of the Charter (an arbitrary detention issue)
- Was the screening device properly calibrated and operated?
- Did you have a lawful reason to refuse to provide a breath sample? For example, anxiety, a panic attack, or a lung-related medical condition such as asthma could have made it impossible to provide a breath sample.
- Did you have an injury that would make it dangerous to provide a breath sample?
- Did you ask for another chance (i.e., a “last chance”) to provide a breath sample after initially refusing or failing to comply?
- Did you fully understand the implications of refusing to provide a breath sample?
Even though your lawyer might be able to get the charges of refusing a breath test reversed, it is still a smarter decision to submit to the test and work with an experienced criminal lawyer, such as Steve Norton at Norton Law to deal with the outcome of the test
Source:
Defending Drinking, Drugs and Driving Cases 2022 Edition – https://store.thomsonreuters.ca/en-ca/products/defending-drinking-drugs-and-driving-cases-2021-30836416
Impaired Driving in Canada, 6th Edition – https://store.lexisnexis.ca/en/categories/shop-by-jurisdiction/federal-13/impaired-driving-in-canada-6th-edition-skusku-cad-01005/details
Law Professional’s Guide to Investigating Impaired Driving, 4th Edition – https://www.blueline.ca/law-professionals-guide-to-investigating-impaired-driving-4th-edition-by-bryce-pashovitz/