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
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/