Impaired Driving (Refusal of Blood Demand)

Client was charged with Impaired driving and refusing to provide a blood sample pursuant to a blood demand. Client had crashed into a trailer and failed the roadside breathalyzer. Client was brought to hospital due to his level of intoxication and injuries flowing from the accident and police obtained a search warrant authorizing a blood demand. Ms. Forhan identified a Charter breaches arising out the officer’s delay in providing the client access to counsel as well as attacked the Information to Obtain [ITO] used to obtain the warrant.

Crown Prosecutor was persuaded to drop all criminal charges. Client avoided trial and received no criminal conviction.