1-800-799-0899 (905) 456-1053
Brampton
2 County Court Blvd., Suite 201, Brampton, Ontario L6W 3W8
Mississauga
914 Burnhamthorpe Road West, 2nd Floor, Mississauga, Ontario L5C 2S3
Etobicoke
4214 Dundas Street West, Suite 207, Etobicoke, Ontario M8X 1Y6
St. Catharines - Niagara
St. Catharines 58 Ontario Street, St. Catharines, Ontario L2R 5J4
Orangeville
239 Broadway, Unit 3BOrangeville, Ontario L9W 1K4
Kitchener
815 Weber Street East, Unit 4A, Kitchener, Ontario N2H 1H5
Hanover
443 - 14th Avenue, Hanover, Ontario N4N 2Y3.
In order to assess your chances of success at trial, please complete the following confidential Impaired Driving Questionnaire. Although not all questions may apply to your case, we do ask that you complete as many of the fields as possible to better help us understand your situation. (Fields marked with * indicated required information)
Once submitted, our office will contact you to setup a no obligation, confidential, no fee interview.
It is an offence to not provide breath samples pursuant to a lawful demand from a police officer.
The operative word here is “lawful”. Many of the same defences that would apply to over 80 charge also apply to refuse charges. For example, if the prosecution is not able to establish that the officer making the demand had reasonable and probable grounds then this charge will fail. It is only the refusal to comply with a lawful demand that constitutes a criminal offence.
The most common defence to this type of charge is that the driver was physically unable to provide a breath sample and that his failure to do so was not intentional. The experienced drinking and driving specialist will often marshal medical evidence in order to support his client’s position that his failure to provide a breath sample was unintentional.