R. v. B.M.M.

(Canmore/Banff, P.C. - Failing to blow).  BMM was charged with an odd combination of offences: impaired driving, failing to provide a roadside sample and operating a motor vehicle with blood-alcohol equal-to or exceeding the legal limit. The reason this is a strange combination of charges is because the investigating police needed help from an approved screening device (ASD) to form reasonable and probable grounds for arrest. By law, an ASD is an investigative tool only; the results of which are only admissible for the purpose of supporting a police officer's reasonable grounds to arrest and make an evidentiary breath demand. In this case, BMM made several genuine attempts to provide a sample.  The ASD registered an "error code". On the basis of the "error code" and in the absence of any meaningful or credible indicia of impairment, the police arrested BMM for impaired driving and collected evidentiary breath samples. BMM pled "not guilty", filed a Charter Notice and successfully defended all charges at trial. BMM was found "not guilty". Though BMM won the trial, much of the damage had already been done. BMM was penalized by the Alberta Administrative License Suspension (ALS) program and had to pay legal fees to defend the case. There is often wisdom in retaining a qualified criminal defence lawyer to help with a charge. BMM avoided a criminal record and potential deportation consequences. David Chow is a full service criminal lawyer defence lawyer who provides criminal law services to clients throughout Alberta; including in Cochrane, Canmore and Banff.  Searching for a Canmore criminal lawyer or a criminal lawyer in Banff?  Call David Chow for a free telephone consultation.