Failure or Refusal to Provide Breath Sample

random_breath_test_rights_responsibilities_brisbane_traffic_lawyer_blog

In Canada, it is a criminal offence to intentionally fail to provide a breath sample under section 254 of the Criminal Code. If a peace officer has reasonable grounds to believe that a person is committing, or at any time within the preceding three hours has consumed alcohol and therefore is driving while impaired, the police officer may demand as soon as practicable; i) samples of breath that, in a qualified technicians opinion, will enable a proper analysis of the concentration of alcohol in the blood, or; ii) if the officer reasonably believes that the individual is unable to give a breath sample, to provide a sample of the person’s blood for a blood-alcohol level analysis.
Steps in Determining if a Lawful Demand was Made When an individual is charged with failing to provide a breath sample, it is critical for defence counsel to determine whether the officer made a lawful demand for a breath sample. Each case is specific and depends on independent facts. If an officer, for example, stopped an individual for a different purpose and did not believe on the initial stop that the accused had alcohol in their system at the time, the officer would not be permitted to demand a breath sample. Although it is case specific, an argument could be made that any samples taken should be ignored and rejected by the court as being illegally obtained.
Lawful Reasons for Failing to Provide a Breath Sample
Reasonable Excuses
There are multiple grounds for failing to provide a breath sample that are all fact specific.
Medical Grounds: This involves a form of danger to the accused. If a person has respiratory problems, or other health related problems, they may be exempt from providing a breath sample. This does not negate the fact that a peace office may demand a blood sample.
Mental Grounds: This relates to individuals that may be mentally incapable of providing asample due to their state of intoxication or other mental grounds that may affect the denial of abreath sample.
Denial or right to consult: An individual may ask to speak with counsel before providing a breath sample.
No reasonable grounds: If the officer has no reasonable grounds for demanding a breath sample, an individual has no requirement to provide a breath sample.
Breathalyzer machine not working: If the suspected person attempts to provide a breath sample and the machine is not working and unable to provide an accurate.
Penalties for Failing to Provide a Breath Sample
Like all impaired driving charges in Canada, a conviction for failing to provide a breath sample includes a minimum of a $1000 fine and a mandatory license suspension for 12 months for a first time offender. A finding of guilt will also result in a criminal conviction and a criminal record.
At Smordin Law we handle all the charges filed on you and help you to be freed from all convictions. If you find yourself in need on any judicial assistance, do not hesitate to enlist the services of the experts at Smordin Law.

Top Reasons For Hiring An Experiences Criminal Defense Lawyer In Winnipeg

There is a huge list of criminal cases in every country and state. Different cases have different punishments and penalties. Depending on the type of crime conducted, the punishment can vary. Different codes can be combined to sentence a single person also. A combination of punishments is a very common thing done by the court of law. For instance, a person found guilty of possessing an illegal substance can suffer from tenure in jail or some hefty fines, if proved guilty in the court. There are a few matters that have rarely any escape, the only thing that can be done is a little negotiation with the sentence.

A criminal lawyer located in Winnipeg will come to your rescue if you are smart enough to contact them on time. T avoid any negative consequences immediately contact a lawyer. Waiting for some time after you get a notice from the police is a mistake you must not commit. A criminal defense lawyer can have a significant impact on the outcome of the case. DO not underestimate their importance in your case. At least consult a criminal defense lawyer first. If you are not satisfied with the consultation, talk to another lawyer. Doing this will give you a brief idea of what is to come.

The best thing about a criminal defense lawyer is, they will anticipate your exposure. Both, in terms of the formal context and in long term informal context. Thus, you will get an unbiased idea of what your life is going to be in the near future as well as the far-fetched future. Whether to proceed with the trial is smart or accepting a specific plea is a better idea, your lawyer will tell you. A person in the disturbed state of mind can be helped a lot with a criminal defense lawyer’s involvement.

The best part is, a criminal defense lawyer already understands the consequences and procedures to take place. You will be prepared both mentally and physically to face the situation. Do not get nervous as you will be having your criminal defense lawyer by your side. An experienced criminal defense attorney will tell you what to expect from the judge and the prosecutor. Do not fall in the wrong trap, act smartly and you can be saved from any severe consequences. A criminal defense lawyer who can be devoted to your case is the one needed.

A lawyer who cannot devote his or her time to listen to the client must be avoided. All these suggestions for a criminal defense attorney can be found out by talking to your friends or family members. In case you are caught up in a drug crime, contact a lawyer who is good enough in drug cases. These are serious crimes that need great knowledge. The lawyer must know everything about the drug and the laws pertaining to it. Hence, to find a specialized criminal defense lawyer is a good idea. Their involvement will sort out your drug case more easily than any other lawyer.