If you have been stopped by the police and investigated for DUI, the police may require that you provide a sample of your breath into an approved screening device at the roadside if certain conditions are met.
The police officer has to have a reasonable suspicion that you have alcohol or drugs in your body. The officer must also have a reasonable suspicion that you have operated a motor vehicle within the preceding three hours.
If those circumstances occur, an officer may require that you accompany him/her for the purpose of providing a sample into a roadside screening device forthwith.
Each case requires scrutiny to determine whether or not the police had the requisite reasonable suspicions. The case must also be assessed to determine whether or not the officer made the demand and administered the test within the legal definition of forthwith.
If the police failed in their duties on either of these points, it could a key determining factor in DUI charges against you dismissed.
If you or someone you know has been charged with a DUI offence (Over 80, Impaired Driving, Care or Control, Refuse Breath Sample) contact Neil Singh today at (905) 853-1078 or (416) 607-5414 for an initial case assessment. Click here to contact us via email.
Neil Singh is an experienced criminal lawyer who has a proven track record of successfully defending people charged criminally. With offices conveniently located in Toronto and Newmarket, we are able to assist those charged throughout the GTA.
We defend DUI, Over 80, Impaired Driving, Care or Control, Domestic Assault, Drug Offences, Robbery, Weapons offences and all other criminal charges.
Representing individuals charged in Toronto, Etobicoke, Scarborough, North York, Rexdale, York region, Newmarket, Aurora, Richmond Hill, Vaughan, Woodbridge, Maple, Kleinburg, Concord, Markham, Keswick, Georgina, King City, Peel Region: Brampton, Mississauga, Malton; Orangeville, Caledon, Durham region, Oshawa, Whitby, Ajax, Pickering, Halton Region, Milton, Oakville, Burlington, Georgetown, Halton Hills, Simcoe County, Barrie, Bradford