The police do make mistakes and they don’t win every case, just because you have charged doesn’t not mean you are guilty.
Charges for refusing a breathalyzer test can be won. Many times there are defences, compromises and solutions other than being found guilty and losing your licence.
Although the charge may seem straight forward in that the driver either “did or did not provide a breath sample”, there are legal issues that must be proven to convict a driver of this charge, for example;
- did the police have the legal right to make the demand
- did the police clearly explain the obligation to the driver
- did the driver understand what the officer was telling them
- did the accused have the opportunity to speak the a lawyer
- were the rights of the accused abused in any way by the police
The police have a legal responsibility to ensure that when they demand a breathalyzer test;
- that the driver understands
- the driver knows what they are required to do,
- the implications if they do not comply,
- the driver was given reasonable opportunity to provide the sample
Many times this is not done properly. If the accused did not fully understand, or the police did not explain properly or give the driver a reasonable opportunity to provide the breath sample, then this can become a defence to the charge.
It’s your right to have a judge hear your case and make and impartial decision based upon the facts.
It’s for the judge to decide if everything was done properly and legally, not the police or the crown attorney. You’re not guilty unless a judge says you are.