Delaying to subject an arrested person to a breathalyzer test can be grounds for a dischargev

Police officers who suspect drivers of operating a vehicle while having alcohol in their blood may order a breathalyzer test as soon as practicable (Section 254 Criminal Code). If the instrument indicates a level above the permitted level, drivers can then be driven to the station to have a qualified technician administer the test again. If drivers fail again, they are charged with driving a vehicle with impaired faculties, that

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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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Is sleeping in your vehicle while drunk the same thing as driving under the influence?

This is an issue often debated by criminal lawyers: is a client having found shelter in his vehicle to spend the night, while he was in a state of drunkenness, guilty of an offence of care or control of a vehicle with impaired faculties? The answer is often yes.However, it does happen that people charged with this are acquitted by the Judge in this type of situation.This is what happened

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A client charged with impaired driving and dangerous driving is acquitted

A client of criminal lawyer Luc Simard had been charged with impaired driving (Section 253a) and 255(1) Criminal Code of Canada, refusal to take a breathalizer test or provide a blood sample (Section 254 (5) Criminal Code) and dangerous driving (Section 249 (1) a) (2) b) Criminal Code). Mr. Simard sent the Prosecutor’s Office a request under the Canadian Charter of Rights and Freedoms demanding stay of proceedings because of

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Care and control of a vehicle with one’s faculties impaired by alcohol or a drug: jurisprudence

In the Mallery case, the Court of Appeal of New Brunswick expressed the opinion that danger is an essential element in the offence of care and control.The defendant had left the headlights of his vehicle turned on while he was drinking alcohol in a bar. He returned to his vehicle and started the engine to check if the batteries were dead. He got out of his vehicle and was immediately

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