The defendant was charged with failing to comply with a breath demand contrary to section 254(5) of the Criminal Code.
The defendant refused to provide a breath sample into an approved screening device on his driveway after being investigated by police for a possible impaired driving offense.
The defendant claimed he had a reasonable excuse for his refusal based on pre-existing anxiety and fear of police officers.
The court found that the police officer had reasonable grounds to make the breath demand, that the defendant's refusal was clear and unequivocal, and that the defendant failed to meet his burden of establishing a reasonable excuse.
The court rejected the defendant's Charter arguments regarding unlawful search and seizure and the right to counsel.
The defendant was found guilty.
