Client Acquitted of Refusing to Provide a Breath Sample and Impaired Operation of a Conveyance

The client faced trial on allegations of impaired driving and refusing to provide a breath sample, after he had been found asleep in a vehicle that had collided with another in a gas station parking lot. He had allegedly outright refused to provide a breath sample into an approved instrument device after being brought to a police station.

After Tyler MacDonald filed application materials setting out how police had violated the client's rights under the Charter of Rights and Freedoms, the Crown outright withdrew the charge of refusing to provide a breath sample, but the impaired driving charge had to proceed to trial. 

At trial, Mr. MacDonald called evidence demonstrating that, while the client was certainly groggy and heavily fatigued, the evidence did not establish beyond a reasonable doubt that the client's ability to drive was impaired to any degree by alcohol. This included utilization of police body cam footage, and the testimony of the client himself. At the conclusion of the trial, the client was found not guilty.