Client K.L was charged with Refuse Breath Sample or Blood Sample. The client was driving her vehicle and became disabled so she pulled her vehicle to the right side of the shoulder. The rear driver side tire appeared to be shredded and had some additional damages to the rear left quarter panel. The client had contacted a tow truck company to come to her assistance in the meantime.
Police located the vehicle and K.L in the driver‘s side and upon investigation, K.L indicated she had been trying to get a tow truck to her location for assistance due to the damages of the vehicle. The officer noted and detected an odour of an alcoholic beverage emanating from her breath and asked the client to exit her vehicle. The officer noted that the client’s movements were delayed and asked if she had been drinking which she denied drinking any alcohol all day. The client again indicated to the officer that she was waiting for a tow truck and then was arrested for impaired operation of a motor vehicle.
Upon her arrest, the officer escorted K.L to the rear of the police cruiser where the officer explained and demonstrated the use of the A.S.D Drager Alcotest. After the officer instructed the client, K.L attempted and failed numerous times to provide a suitable breath sample and was cautioned it is a criminal offence not to do so. It was alleged the client K.L was pretending to blow into the device which caused an interrupted and unusable sample. The officer continued to exercise caution to the client for refusing to provide a non-suitable sample. The officer after repeatedly cautioning the client, proceeded to charge her with refusing to provide a breath sample contrary to section 254 (5) of the Canadian Criminal Code.
After continuous discussions with the Toronto Crown Attorney, Mr. Batasar was advised by the client K.L she wanted her matter go to trial and subsequently trial dates were set. Mr. Batasar put forth a vigorous defence and cross-examination of the arresting police officer which in turn outlined inconsistencies throughout trial. Mr. Batasar was successful and as a result the client had all charges against her dismissed by the Judge with a finding of not guilty. The client and her family were extremely ecstatic with this result and she can now move forward with her career and will have no criminal record or conviction.