Impaired Driving Case: Refusal to Provide Breath Sample

Daniel is a “blue-collar” worker. One night, he was intercepted by the police officers who doubted his capacities to operate his car. They ordered him to perform some roadside physical coordination tests which he failed. Daniel was brought to the police station where he refused to blow in the breathalyser. He received a court paper which indicated the date and the location where he had to appear for his criminal case. Daniel didn’t appear at that date and a warrant was therefore emitted by a judge. During 5 years, nothing happened, until Daniel was intercepted again in his vehicle. Since he was under warrant, he had to appear detained the same day and was released afterward.

Daniel consulted Me Benoît Gariépy because he risked a lot. In fact, he was found guilty 5 times in the past for different impaired driving charges and was thus exposed to a sentence of many months in prison. Lawyer Gariépy asked him some questions and realized that Daniel never changed his address, had the same phone number and was still working for the same company after all these years. Police officers never tried to execute the warrant contrary to their obligation which could be fatal in this case. In fact, the Canadian Charter of rights and freedoms which is the supreme law in Canada, explicitly states that every accused has the right of a trial within a reasonable delay. Even if Daniel was responsible from the initial delay, no justification explained the 5 years delay where the police didn’t execute the warrant. Mr Gariépy presented an application for a Charter violation, which the prosecution couldn’t really contest, and the judge had no other choice but to dismiss the charges against Daniel.

Written judgment available if requested.