R. v. D.S., Failure or Refusal to Provide Breath Sample Contrary to Section 320(15) of the Criminal Code of CanadaPage last modified: May 13 2022
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Date Posted: June 04 2021
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.