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Charges of failing to provide a breath sample dismissed at trial. Client was a Tamil immigrant who had two prior convictions for impaired operation of a motor vehicle. If convicted of the charge of failing to provide a breath sample, he would have been sentenced to a minimum of 120 days in jail. He retained criminal defence lawyer Christopher Assie. After his last two convictions (with another counsel) but before he was arrested for failing to provide a breath sample, the accused suffered a serious car accident causing a number of injuries including broken ribs, broken legs, a broken hip and a broken arm. The accused had a number of medical issues that resulted in him taking several different types of daily medications. He continued to suffer from pain that was worsened when he took deep breaths. Furthermore, the accused had a very limited understanding of the English language. The accused failed a road side screening device test and was brought to the police station. He was provided 14 opportunities to provide a suitable sample. The encounter was recorded on video. At trial, the defence was able to cast doubt on the breath technician’s assessment that the accused was not truly attempting to provide a suitable sample. The client was well prepared to testify and managed to withstand the Crown’s cross-examination. The client was acquitted and free to go.
