Help for a DUI Refusal Charge
On the morning of July 8th, 2016, our client could not have envisioned what lay in wait for her that night, as before the end of the day her life would be inexplicable thrown off course. Nearing midnight, our client found herself in an accident with another vehicle, hit by another car. She then waited for police officers to show up at the scene, where, while she was still in a state of shock, began to question her, finally admitting to having one drink with her meal. It was from there the situation turned and the officers asked her to stand outside her vehicle in order to submit to an alcohol breath test.
A situation like this would cause any Canadian citizen an enormous amount of stress and anxiety and our client was teeming with those exact emotions at the time. Though scared and still shaken from her accident she complied the best she could with the orders of the police officer to blow into the approved screening device. She tried not just once or twice but four times to comply with the orders but each time the machine would read insufficient flow. Though she repeated time and time again to not be able to breath properly into the machine she was ignored by the officers on duty as they believed she was actively attempting to evade their orders. They simply refused to acknowledge or believe she was doing the best under those trying circumstances. After the fourth time instead of opting to look for other options the officers simply placed her under arrest for refusal to comply with the roadside screening device though at no time did she refuse to do so and at all times complied with their orders.
It was less than thirty minutes after the accident that our client was placed under arrest and it was another further fifteen minutes before an ambulance arrived on the scene to check on the health of the accident victims. It was there that our client, who had always been a law abiding and contributing citizen, became tangled in the Canadian legal system. She was ordered to appear in court later that year and soon after being placed under arrest she sought counsel from Ticket911 and Me Bernard Lévy-Soussan in order to help her from this legal quagmire.
The story of our client comes to a head at the end of May 2018. By this time under the guidance of Me Lévy-Soussan she had had several court dates and is now prepared for trial. The police officers were put on the stand to be questioned on their actions that night. The judge presiding over the trial gave her judgement the same day acquitting our client of all charges against her. Not only did she conclude that our client did not operate a motor vehicle while her faculties were impaired by alcohol or drugs, she also found that our client at no time refused to provide a breath sample as per their instructions. The arresting officers had made fatal mistakes first by not changing the straw on the machine to ensure that the ability of our client to be able to breath into the requisite machine. The second error on their part was that the judge found their requests to blow were done in too quick of a succession. By doing so they did not allow her the proper time to fully comprehend the situation at hand. In addition, and most importantly, the judge found that our client, as proven by Me Lévy-Soussan in open court, never had any intention to refuse. At no time did she refuse to comply with the instructions of the police, at no time did she become irate and at no time did she stop trying to follow their instructions and blow into the screening device. It was for all the above reasoning that culminate in the full acquittal of our client allowing her to return to life as normal pre-July 2016 no longer burdened by the stress of courts and looming criminal record.
The story of our client serves to exemplify how even the least conspicuous, the most law abiding citizens can find themselves unwittingly and undeservedly on the wrong side of the law. However, this does not have to mean the end of life as one knows it. With the help of effective and compassionate legal counsel like Me Lévy-Soussan there can be a light at the end of the tunnel. Call now for your free legal consultation.