Impaired Driving & Refusal: Boat
Client was out boating with her boyfriend and consumed alcohol while on the water. Client was questioned by police upon docking her boat and required to provide a breath sample into an Approved Screening Device. Client’s boyfriend told her not to cooperate with police and not to provide a breath sample. The client listened to her boyfriend and refused to blow into the ASD and was criminally charged with refusing to provide a breath sample. Client had no criminal record and was a teacher and mother. There were no Charter breaches or mistakes made in the course of the police investigation and no substantive defence to the charge.
Ms. Forhan negotiated a plea bargain to allow the client to plead under the Canadian Shipping Act thereby avoiding a criminal conviction.
No criminal record, all charges dropped before trial.