Criminal Lawyer Toronto - Fail or Refuse to Provide Breath Sample
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Failure or Refuse to Provide Breath Sample

Under section 254(5) of the Criminal Code it is an offence to fail or refuse to provide a sample of breath when issued a valid breath demand under section 254(2) or 254(3) of the Criminal Code. In order to prove this offence, the Crown must prove:

  • That a proper and lawful breath demand was made;
  • That there was a failure or refusal by the accused to produce the required breath sample;
  • That the accused intended to produce the refusal or failure to provide the sample;
  • If raised by the evidence, the Crown must disprove the presence of a lawful or reasonable excuse for the refusal or failure to provide a breath sample.

A conviction for this offence carries the same potential penalties as a conviction for impaired driving / over 80. If convicted of this offence, you will receive a criminal record that could adversely impact your employment opportunities, ability to travel, etc. These cases can be defended by demonstrating the absence of the necessary grounds for a breath demand to be lawful or by demonstrating the presence of a reasonable excuse for failing or refusing to provide a sample, just to name a couple of potential defences.