Trial on charge of refusal to provide a screening breath sample. Accused found asleep in his vehicle. Police instructed accused to exit the vehicle, and subsequently made a screening test demand.
Held: Conviction entered.
10(a) breach. As per Woychuk, 2014 ABQB 622, at the time the accused was removed from his vehicle he could not reasonably have understood the basis for the police investigation. However, the words of refusal amounted to the actus reus of the offence, and the right to counsel was suspended during the roadside investigative stage. Finally, the defence argument that the ASD must be readied and presented to the accused before he can be convicted of refusal to blow, was rejected.
D. Chow – Defence Counsel