Accused charged with impaired driving and refusal to provide breath samples. The accused was stopped by police for a seatbelt violation. Upon speaking with the accused, the police noted an odour of alcohol on his breath, and ultimately after an approximate 15 minute delay, the police made a demand that the accused provide a roadside screening breath sample. The accused ultimately blew a fail, was taken into custody and then refused to provide further breath samples. Defence filed notice of a constitutional argument, arguing that both breath demands made (at the roadside and the police station) were unlawful given the delay in the police investigation and the absence of reasonable and probable grounds.
Held: Crown withdrew both charges.
Crown Prosecutor conceded that given the constitutional issues raised there was no reasonable chance of a conviction. Defence