Refusal to comply with a demand

The offence of refusing to comply with a demand (also called a refusal to supply a sample of breath or complying) is provided under Section 254(5) of the Criminal Code. A person suspected of committing an offence of driving under the influence can receive an order to supply a sample of breath. The police officer may first order the suspect to breathe into the breathalizer at the site of the

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A client is acquitted for charges of refusing to comply

A client of criminal lawyer Xavier Cormier was charged with refusing to supply a sample of breath (Section 254(5) Criminal Code). The police reproached him with not providing a valid sample, after several attempts. Mr.Cormier had his client testify to the Court that he was not able to breathe strongly enough because he had bronchitis. The Judge found the client’s version credible and acquitted the latter for the offence of

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