The accused was charged with impaired driving and failing to comply with a breath demand after her vehicle collided with a street sweeper.
At the police station, the accused repeatedly failed to provide a suitable breath sample despite numerous attempts and clear instructions.
The court found the accused's failure to provide a sample was deliberate and feigned, satisfying the mens rea for the refusal charge.
The court also drew an adverse inference from the refusal and, combined with circumstantial evidence including the unexplained collision, slurred speech, and odour of alcohol, found the accused guilty of impaired driving.
