R. v. D.S., Failure or Refusal to Provide Breath Sample: Contrary to Section 320(15) of the Criminal Code of Canada

D.S. was charged with Failure or Refusal to Provide Breath Sample as per section 320(15) of the Criminal Code of Canada, R.S.C. 1985, c. C-46.  Upon being arrested, the motor vehicle being operated by D.S. was towed and impounded and D.S. was issued the statutory 90-Day Administrative Driver's Licence Suspension pursuant to section 48.3(2) of the Highway Traffic Act, R.S.O. 1990, c. H.8.  (the "HTA").  This was a third and subsequent offence for D.S. The Crown was initially seeking a guilty plea to the charge as alleged with a period of 120 days inrceration.

Defence Counsel successfully raised an issue with the Crown related to a serious health condition which impacted D.S. ability to povide a suitable breath sample.  After extensive pre-trial discussions, and upon demonstrating the various evidentiary challenges and difficulties the Crown might encounter in presenting its case, Defence Counsel was successfully able to negotiate a guilty plea to Careless Driving pursuant to section 130(1) of the HTA with a one-year driver's licence suspension.

A Careless Driving conviction normally carries a maximum fine of up to $2,000 and six (6) demerit points; however, D.S. was not subject to the demerit points as a court-ordered driver's licence suspension was issued as per section 3(1) of O. Reg. 339/40.  D.S. was initially facing a serious criminal offence which was reduced to a less serious regulatory HTA offence.

After contacting ImpairedDriving.Legal and receiving a free lawyer referral and consultation, D.S. retained one of our experienced referral lawyers.  In doing so, D.S. was able to avoid a conviction for a serious criminal offence, a criminal record and lengthy jail sentence, among other possible consequences.