Client initially detained by Fish and Wildlife officers at a provincial lake due to evidence of consuming alcohol while operating a motor boat. RCMP arrived and formed a reasonable suspicion that client had alcohol in his body. This allowed officer to demand a breath sample for the roadside screening device. Client provided a sample and failed. Client arrested for impaired operation of a motor boat. Client then refused to provide a breathalyzer sample. Crown withdrew the charges on the date of trial upon notification by defence that the officer involved did not read the proper breath demand for the original roadside demand. This was evident by viewing dash cam footage provided in disclosure. As the roadside sample was not provided pursuant to a lawful demand, it was argued that the fail result could not be considered in support of the arrest. As there were insufficient grounds for the arrest and demand for breathalyzer samples, the client had a reasonable excuse for not providing a sample.
July 3, 2013