The defendant was charged with impaired care and control of a motor vehicle contrary to section 253(1)(a) of the Criminal Code and with failing without reasonable excuse to provide a roadside breath sample contrary to section 254(5) of the Criminal Code.
The Crown withdrew the impaired care and control charge.
The defendant was involved in a motor vehicle collision with a moose on Highway 101 near the Quebec border.
Following the collision, a police officer made three separate demands for a breath sample, which the defendant refused on each occasion.
The defendant claimed she had no memory of the demands or her refusals due to head injury from the collision.
The court found the defendant's refusal was intentional and not excused by injury or automatism, and convicted her of failing to provide a breath sample.
