In what circumstances will a defendant be charged with driving under the influence of alcohol after failing a breath test?
Ontario, Canada
The following excerpt is from R. v. Treliving, 2012 ONCJ 75 (CanLII):
[82] In Regina v. Soules, during an accident investigation the respondent identified himself as the driver and admitted having consumed alcohol. He subsequently failed an approved screening device test and was charged with over 80. At trial the accused testified that he remained on scene and answered the officer’s questions because he understood he was required to do so by law as when in an accident you should always remain until one or more police officers have come and completed their investigations. The trial court, upheld on appeal, found that those admissions were compelled by statute, and excluded the results of the approved screening device and the breath results as there was no reasonable suspicion then to make the demand absent the admissions.
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