R. v. B.W.

(Strathmore, P.C. - Impaired Driving/refusal to blow). David Chow is a Calgary impaired driving lawyer and a roadside sanctions lawyer who helps with DUI and administrative penalty cases throughout the Province of Alberta. BW was charged with impaired driving and refusing to provide a breath sample. In BW's case the police arrested the accused based on a refusal to provide a breath sample at roadside. Section 495 of the Criminal Code outlines the conditions precedent to any arrest for a summary or hybrid offence. In short, it is not unusual for police -- who either lack legal training or refuse to follow it -- to arrest people for hybrid allegations in circumstances where there is no basis to do so. The section 495 problem (sometimes worse, a s. 497 problem) highlights a true disregard by law enforcement of their legal powers. There are even judges in Alberta and Saskatchewan who refuse to reasonably remedy these legal transgressions by law enforcement. In Canada, it is important for police to follow the law; for if law enforcement does not follow the law, why should anybody follow the law?