Vancouver Police issued client 12 a driving prohibition for refusing a breath sample at the roadside.

Vancouver Impaired Driving Lawyer: Brian E. Mickelson
Vancouver Police issued client a driving prohibition for refusing a breath sample at the roadside.

DRIVING PROHIBITION CASE FACTS:
After being stopped for unusual driving, the police made a breath demand and concluded that the client’s behaviour constituted a refusal of the breath demand.

ARGUMENT:
Your lawyer argued that you were entitled to refuse the demand, because it was not lawful. He argued that the ASD demand was not lawful because it was made 10 minutes after the time of driving (indicated on page 1 of the Report as 2:40 a.m.) He pointed my attention to R. v. Cleaver, in which Judge Dhillon stated that the detention of a driver by the police for 8 to 11 minutes before an ASD demand was made was contrary to the Charter of Rights and Freedoms. Her Honour ruled that the ASD result could not be relied on, and could not form the basis for reasonable and probable grounds to demand a breathalyzer test. I acknowledge that I am bound by this decision.

HELD: PROHIBITION LIFTED
Based on the evidence before me, I cannot be satisfied that a lawful demand was made. I therefore find that it is more likely than not that you did not fail or refuse to comply with a demand. PROHIBITION REVOKED

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