Andrew Captan is a Toronto Criminal Lawyer with experience in defending individuals charged with Refuse or Fail to Provide a Breath Sample.
Section 245(5) of the Criminal Code of Canada is the section under which this offence is found. In short, it states that anyone who, without reasonable excuse, fails or refuses to comply with a breath (or blood sample) demand has committed this offence.
The general issues that arise in these kinds of cases include:
1) The validity of the demand made by the peace officer;
2) Whether there was an unequivocal failure or refusal;
3) Whether there was a a reasonable excuse in failing or refusing to provide a sample;
4) Whether the Crown can prove that the accused had the requisite criminal “mind”, namely the “mens rea”
If you or someone you know has been charged with Refuse or Fail to Provide Breath Sample, contact Andrew Captan for a free consultation and learn whether any of these, or other issues, apply to the case in question.