Client stopped by police. Officer formed suspicion that client had alcohol in his body and read a demand for a roadside breath sample. Client blew a fail, was arrested and a breathalyzer sample was demanded. Client ultimately failed to provide breathalyzer samples. Upon review of disclosure, it was apparent that the police laid the wrong charge. Charge laid was failing to provide a roadside sample.
Held: In discussion with Crown counsel on this issue, Crown agreed to withdraw the charge on the first court date rather than direct the police to lay the proper charge.