The appellant appealed his conviction for refusing to provide a breath sample, arguing ineffective assistance of counsel, errors in credibility findings, and a violation of his right to counsel under s. 10(b) of the Charter.
The Summary Conviction Appeal Court dismissed the appeal, finding that trial counsel made a reasonable tactical decision not to introduce medical evidence.
The court also held that the trial judge made no palpable and overriding errors in assessing credibility, and confirmed that there is no right to counsel prior to complying with a forthwith roadside screening demand.
