R. v. J.H.H.

(Alberta SafeRoads - Notice of Administrative Penalty).  There are many Roadside Sanctions Lawyers in Alberta to choose from.  Hiring the right roadside sanctions lawyer may be the difference between suffering a high fine, losing driving privileges for years, avoiding high insurance premiums, becoming unemployed and indirectly penalizing your family even though your spouse and children did nothing wrong.

JHH was sanctioned for refusing to blow when police attended a garage in relation to a complaint. JHH was not driving and was not inside any vehicle. Notwithstanding that the officer observed a myriad of evidence that JHH had recently consumed alcohol -- i.e., open beer -- he ignored those observations, made a mandatory alcohol screening demand and immediately attempted to test JHH. JHH responded to the demand, saying, "I will blow but  I need to wait for a bit because I just had a beer".  The officer immediately arrested JHH for refusing to comply and later issued roadside sanctions. JHH's sanctions were cancelled on grounds that there was a reasonable excuse for refusing to blow.

JHH was not wrong to think that "mouth alcohol" could cause a "false positive" on the roadside screening device. JHH's unwillingness to provide unreliable evidence, combined with a willingness to blow after enough passed to allow mouth alcohol to disappear (15 minutes) constituted a reasonable excuse for refusing. JHH's roadside sanctions were cancelled.  

Police training requires them to wait 15 minutes until after time of last drink to avoid the possibility of mouth alcohol creating unreliable results.  

David Chow is a Calgary criminal lawyer and roadside sanctions lawyer who successfully defended his first impaired driving in 1999.  David owns a number of alcohol screening devices, including the Alco-Sensor FST (the device used by police in Alberta). Testing on these devices confirms that mouth alcohol can dramatically inflate a blood alcohol reading on the Alco-Sensor (and other devices). If you have been charged with impaired driving or if you have received a Notice of Administrative Penalty, David Chow is grateful for the chance to earn your business.  There are many Roadside Sanctions Lawyers in Alberta to choose from. Call for a free initial telephone consultation.