Section 249 (1) of the Criminal Code of Canada states, Every one commits an offence who operates:
(a) a motor vehicle in a manner that is dangerous to the public, having regard to all the circumstances, including the nature, condition and use of the place at which the motor vehicle is being operated and the amount of traffic that at the time is or might reasonably be expected to be at that place.
You should consult an experienced dangerous driving lawyer as soon as possible.
Under the Criminal Code of Canada, it is an offence to Refuse to Comply with a Breath Test (or blood sample) Demand. This means that if a police officer makes a demand for you to provide a breath sample and you do not comply, you may be charged under section 245(5) of the Criminal Code. This section states that “Everyone commits an offence who, without reasonable excuse, fails or refuses to comply with a demand made under this section.”
The outcomes of a conviction for Refuse/Fail to provide a breath sample are the same as they are for Impaired or Over 80 cases. However, there may be various defences available to a refuse or fail to provide breath sample charge. Therefore it is important to speak to an experienced refuse breath sample lawyer as soon as you are facing these charges.
If you are looking for advice on any matter concerning a refuse breath sample charge, please contact Sanja Mavrak at (416) 554-4974.