The accused was charged with refusing to provide a breath sample after rear-ending another vehicle and failing a roadside screening test.
At the police station, the accused failed to provide a suitable breath sample, claiming language barriers prevented him from understanding the instructions.
The court dismissed the accused's Charter challenge regarding the right to counsel, finding the police were not obligated to override his request for a Farsi-speaking lawyer despite his primary language being Dari.
The court found the accused guilty, concluding he understood the instructions but intentionally provided insufficient breath samples.
