{"id":897,"date":"2018-11-13T13:35:10","date_gmt":"2018-11-13T18:35:10","guid":{"rendered":"http:\/\/www.normstanford.com\/?p=897"},"modified":"2018-11-13T14:34:00","modified_gmt":"2018-11-13T19:34:00","slug":"breath-test-charges-stayed","status":"publish","type":"post","link":"https:\/\/www.normstanford.com\/breath-test-charges-stayed\/","title":{"rendered":"Breath Test Charges Stayed"},"content":{"rendered":"<p>My client was charged with <a title=\"Refuse or Fail to Provide Breath Sample\" href=\"http:\/\/www.normstanford.com\/charges-defended\/impaired-driving\/different-drinking-and-driving-charges\/refuse-or-fail-breath-sample\/\">Refusing to Provide a Breath Sample<\/a> at the side of the road. \u00a0The police stopped M.F.\u2019s vehicle after seeing it mount the curb as it made a turn. \u00a0The police could smell alcohol on my client\u2019s breath and demanded that he do a <a title=\"Breath Test Differences\" href=\"http:\/\/www.normstanford.com\/charges-defended\/impaired-driving\/breath-test-differences\/\">roadside breath test<\/a>. \u00a0My 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. \u00a0He was then taken to the police station where the police held him for several hours because they thought he was being belligerent. \u00a0Prior to the trial, I filed an Charter application alleging that my client\u2019s 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. \u00a0On the morning of trial, I spoke to the Crown who decided not to oppose my application and stayed the charge against my client. \u00a0For my client, this result meant the same thing as an acquittal or a withdrawal of the charge.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>My client was charged with Refusing to Provide a Breath Sample at the side of the road. \u00a0The police stopped M.F.\u2019s vehicle after seeing it mount the curb as it made a turn. \u00a0The police could smell alcohol on my client\u2019s breath and demanded that he do a roadside breath test. \u00a0My 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. \u00a0He was then taken to the police station where the police held him for several hours because they thought he was being belligerent. \u00a0Prior to the trial, I filed an Charter application alleging that my client\u2019s 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. \u00a0On the morning of trial, I spoke to the<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[11,28],"tags":[33,51,19,23,27],"amp_enabled":true,"_links":{"self":[{"href":"https:\/\/www.normstanford.com\/wp-json\/wp\/v2\/posts\/897"}],"collection":[{"href":"https:\/\/www.normstanford.com\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.normstanford.com\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.normstanford.com\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.normstanford.com\/wp-json\/wp\/v2\/comments?post=897"}],"version-history":[{"count":0,"href":"https:\/\/www.normstanford.com\/wp-json\/wp\/v2\/posts\/897\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.normstanford.com\/wp-json\/wp\/v2\/media?parent=897"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.normstanford.com\/wp-json\/wp\/v2\/categories?post=897"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.normstanford.com\/wp-json\/wp\/v2\/tags?post=897"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}