Toronto Criminal Lawyer

Refuse Breath Sample — Toronto Impaired Driving Lawyer

Client:  L.C., Accused
Complainant:  Toronto Police Service, 54 Division
Charge:  refuse to provide breath sample into approved screening device

The Queen v. L.C.
Ontario Court of Justice, Toronto
Justice Wilson
(withdrawn: 16 June 2009)

Crown:  K. Walker, Office of the Crown Attorney, Toronto
Defence:  Craig Penney, Criminal Defence Lawyer, Toronto

¶ 1  CROWN:  If I could withdraw the charge, please. The Crown does not have a reasonable prospect of conviction, given the length of time it took between the time that the officer was aware that the accused had alcohol in her body, and the time that the demand actually was made.

¶ 2  THE COURT:  The matter of Ms L.C. marked as withdrawn, then.

¶ 3  CROWN:  Thank you.

¶ 4  MR PENNEY:  Thank you, Your Worship. I thank my friend for looking into this matter.