REFUSE TO PROVIDE A BREATH SAMPLE

Client J.G. is charged with Refuse to Provide a  Breath Sample. J.G. was stopped by police on suspicion that he was operating a motor vehicle while impaired. After numerous failed attempts at a roadside breath test, it was the officer’s opinion that J.G. was maliciously attempting to avoid providing a breath sample and as such, was charged. At trial, due to inconsistencies in statements given by the arresting officer, as well as the officer’s inability to prove proper working condition of the breathalyser used, J.G. was found not guilty. No criminal conviction.