Can an impaired driver refuse to comply with a breathalyzer demand if he has consulted his lawyer?
Nova Scotia, Canada
The following excerpt is from R. v. Currie, 1983 CanLII 2900 (NS SC):
In Brownridge v. The Queen, supra, the court, by a six to three majority, held that an accused, who was under arrest for impaired driving and to whom a breathalyzer demand was given, had a reasonable excuse to refuse to comply with such demand because the police denied him the opportunity to consult with his lawyer.
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