Impaired driving and refusal to provide a breath sample

Our client was driving. A police officer claimed that she saw him speeding and that she stopped him after following him for five kilometres. According to the officer, she arrested him immediately for impaired driving and demanded that he accompany her to the police station for a breath sample, but he refused to provide the sample. For some unknown reason, our client remained in police custody at the roadside for over forty minutes.


Our client was charged with impaired driving and refusing to provide a breath sample. Defence counsel brought an application to exclude all evidence because the officers violated his rights under sections 8, 9, 10(a), and 10(b) of the Canadian Charter of Rights and Freedoms. At trial, defence counsel cross-examined the officers about their conduct and our client testified in his own defence. The trial judge granted the application and excluded all the evidence, but also found that our client was not impaired and the breath demand had been invalid.


RESULT: Our client was acquitted of all charges.