November 15th, 2018
R. v. Bax, 2018 Leduc Provincial Court – Accused Failing To Provide A Suitable Roadside Sample Acquitted- Tried “As Hard As She Could”
Trial for failure to comply with a breath demand and impaired care or control of a motor vehicle. Issue of whether the mens rea of refusal was established. Accused testified that she “tried as hard as she could” to provide samples, but suffered from anxiety and was unable to do so. Held: Acquittal. The mens … Read More.