Client was charged with refusing to provide a breath sample and driving while disqualified contrary to the Criminal Code. He faced serious jail time as he had many prior impaired driving convictions. Client had blown a “fail” in a roadside screening device but had refused to provide a sample of is breath into the approved instrument when he got back to the detachment. At the first day of trial, Mr. van der Walle established during cross examination that the officer had not followed proper procedures in obtaining the roadside breath sample. Before the second day of trial was set to begin, the prosecutor “dropped” the charges by entering a stay of proceedings on the refusal charge AND the driving while disqualified. Client did not do a day in jail nor did he even pay a fine.
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