SafeRoads v. H.F.

(Calgary SafeRoads - Refusal). HF was roadside sanctioned for refusing to blow. This case involved a violent interaction between police and the driver. HF's roadside sanctions were cancelled by the adjudicator a very short time after the hearing. Perhaps the most compelling issue in the case concerned an almost total absence of police notes or reports about the violent incident. During the violent incident with police, the Recipient (HF) had a tooth knocked out and suffered obvious injuries. HF's shirt was covered in blood. Ultimately, HF had to pay thousands of dollars for dental repairs and suffered head trauma and hearing loss. 

With respect to providing breath samples, HF argued that the officer did not provide a fair opportunity to successfully blow because the officer kept pulling the machine away while a sample was attempted. From reviewing the police report, HF's Alberta roadside sanctions lawyer was of the view that HF was possibly targeted by police for reasons other than roadside sobriety testing. 

At the end of the day, the adjudicator was concerned about a number of issues, including the failure on the part of the police to fully document the incident. HF provided dental records, photographs and detailed description outlining the treatment by police. 

While it is absolutely true that police have a hard job and often have to deal with some fairly rough people, it is also true that good policing is grounded in full, fair and frank reporting of material information in relation to the case. When police fail to document important details (such as violent encounters with accused/recipients), that failure can diminish the credibility and reliability of police reporting. David Chow is a full service Calgary criminal lawyer and NAP lawyer with over two decades of experience defending impaired driving allegations. If you have received a notice of administrative penalty or an impaired driving charge, don't merely accept the consequences; consult with a qualified Alberta DUI lawyer who can give you some competent legal advice.