The defendant was charged with refusing to provide a breath sample contrary to section 254(5) of the Criminal Code.
The Crown alleged that on July 6, 2012, the defendant refused to comply with a lawful demand by a peace officer to provide a breath sample for analysis by an approved screening device.
The defendant was found guilty after the court determined that the officer had reasonable grounds to make the demand, the device was approved, the defendant failed to comply with the demand, and the failure was intentional.
