R. v. L.T. [Okotoks Provincial Court]
Refusing to Provide a Breath Sample and Obstructing a Police Officer – Result: Conditional Discharge and Withdrawal
The client was charged with refusing to provide a sample of their breath and obstructing a police officer. Tonii Roulston reviewed the file and entered vigorous negotiations with the Crown Prosecutor in defence of the client. Tonii Roulston successfully made an application for a conditional discharge on the charge of obstruction. On the charge of refusing to provide a breath sample, Tonii Roulston argued that the charge should be withdrawn due to multiple breaches of the client’s rights under the Charter of Rights and Freedoms. The charge of refusal was withdrawn by the Crown Prosecutor, which ensured that the client did not receive a criminal record and no criminal driving suspension.