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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



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