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T.N. was charged Impaired operation and refusing to provide a breath sample. One night she was driving a vehicle with her boyfriend in the passenger seat. While turning at a stop light, she careened into a police officer sitting in his cruiser waiting for the light to change. She exhibited signs of impairment and was transported to a hospital because she was pregnant and appeared to be in medical distress. T.N. hired Christopher Assié of Neuberger & Partners LLP, criminal defence lawyers, to defend herself. Counsel spent a significant time preparing T.N. to testify in her defence. She testified that the night of the incident she had not been drinking. It was her boyfriend’s birthday and he was the one drinking. Her boyfriend, however, was an abusive and violent man. He had beat her earlier on in the day and before driving home that night they had gotten into an argument. She feared that he was going to beat her again as soon as they got home. She decided to drive towards the patrol car on purpose – not intending to strike it, but only to flag down help. Her boyfriend grabbed the wheel and jerked it when he saw that they were driving towards the officer. It was his actions that precipitated the accident. She explained that once at the hospital she was focused on the health of her unborn child. The police however had a different focus. They demanded that she provide a breath sample before the doctors would examine her. She stood her ground. She was in medical distress and did not believe that she would get proper medical treatment once she provided a breath sample. Counsel was able to demonstrate that what the police interpreted as symptoms of impairment were in fact the medical distress of a woman going through a miscarriage. She was found not guilty of all charges.
