Posts Tagged ‘Arbitrary Detention’

Breath Test Charges Stayed

Posted in Criminal Driving Cases, Refusing to Provide a Breath Sample

My client was charged with Refusing to Provide a Breath Sample at the side of the road.  The police stopped M.F.’s vehicle after seeing it mount the curb as it made a turn.  The police could smell alcohol on my client’s breath and demanded that he do a roadside breath test.  My client made several attempts to provide a sample but none registered and the officer thought my client was screwing around and arrested him for Refuse.  He was then taken to the police station where the police held him for several hours because they thought he was being belligerent.  Prior to the trial, I filed an Charter application alleging that my client’s right to be free from arbitrary detention was violated because there was no need for him to be taken to the police station and held for several hours.  On the morning of trial, I spoke to the Crown who decided not to oppose my application and stayed the charge against my client.  For my client, this result meant the same thing as an acquittal or a withdrawal of the charge.