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Charge of Refuse Roadside Breath Sample withdrawn. D.R. was at his sister’s for an evening event. He got into his car and moved it 20 feet so that his wife could load the car and drive home. Police were already on scene for a noise complainant and questioned D.R. if he had been drinking. D.R. admitting to drinking but while being administered the roadside test, he suffered a severe panic attack and fainted. The police did not call 911 and the family of D.R. brought him into the home. Police entered the house without consent. EMS eventually cleared D.R. but he was charged with Refuse Roadside Breath Sample. Joseph Neuberger was retained as the defence lawyer. Joseph Neuberger sent D.R. to a forensic psychiatrist to determine if legitimately D.R. suffered an acute panic attack leading to his collapse. Medical records were obtain and after the assessment and review of all disclosure the expert report concluded that D.R. indeed suffered an acute panic attack that would form a defence to the charge. Further, Joseph Neuberger alleged that the police in failing to call for medical assistance relinquished custody of D.R. and violated D.R.’s rights under section 8 of the Charter by entering the home. After extensive discussions with the Crown Attorney, it was agreed that D.R. would plead to Careless Driving under the Highway Traffic Act and the criminal code charge of Refuse Breath Sample would be withdrawn.
