DUI Offences

N.P. was observed by police swerving on the road and then over-correcting which caused his vehicle to nearly hit a median. The client then pulled into a gas station and stopped his vehicle across two parking spaces. Police pulled in behind N.P. and he exited his vehicle, laid down on the ground and began screaming and crying. Police asked what is wrong and he told them that he shouldn’t be driving. Police arrested N.P. and placed him in the police vehicle. N.P. continued to act very bizarre and at one point at the police station, took off his shirt and began to meditate.

After police were able to calm N.P. down and get him to stop meditating, they tried to obtain two samples of breath from him. The first was successful but he was unable to provide a second sample after only two attempts. The officer, who said “it is too late for this” and made the ridiculous decision to charge N.P. with refusing to provide a sample of breath.

Cory Wilson spoke with the prosecutor about the police officer’s conduct and had the charge withdrawn on the first court appearance.

This was the best outcome – charges withdrawn on the first court appearance.

Result: Charges Dismissed Mid-Trial. No Criminal Record.

P.K. was pulled over for what the officer described as erratic driving. The client denied consuming alcohol but the officer indicated he could smell alcohol coming out of the vehicle. As a result, P.K. was read the roadside breath demand which he subsequently failed. He was taken back to the police station where he provided two samples of breath over the legal limit.

The only issue at trial was the credibility of the arresting officer. On its own, a driver who denies consuming alcohol but has a smell of alcohol coming from the vehicle does not provide an officer grounds to read a roadside screening demand. However, in this case, after P.K. was charged and released, the officer added into his report that he could also detected a strong smell of alcohol coming from P.K.’s breath. Fortunately, the entire interaction was captured on body worn camera. After extensively cross-examining the arresting officer about fabricating the smell of alcohol on P.K.’s breath, the prosecutor conceded the case and asked the judge to dismiss the charges