R. v. S.M. – September 2022

Refusing a Breath Sample

Our client was found by police passed out in the front seat of his vehicle with the engine running in a parking lot. Police detected an odour of liquor and made a demand for a roadside sample of our client’s breath. Our client refused and faced criminal charges. In lengthy submissions to Crown counsel, we summarized the law and argued to Crown that they could not prove that our client had care or control of the motor vehicle. Crown agreed to a plea to a non-criminal offence under the Liquor Control and Licensing Act.

Result: No Criminal Record and No Driving Prohibition

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