Successful Charter Defence to Refuse Breath Sample Charge

Lorne Sabsay appeared before Justice Minard in Newmarket to receive judgment on a case of Refusing to Provide a Breath Sample. Our client, S.B., spoke minimal English, as his mother tongue was Hungarian. Police arrested him for impaired driving, but would not explain to him, in a language he could understand, what the charge meant. S.B. then asked if he could speak with his lawyer. He could remember only the first name of the lawyer, but had a business card in his wallet and had his lawyer's phone number on his cell phone. Police refused to allow him access to his cell phone or his wallet so that he could retrieve his lawyer's contact information. Police also refused to provide a Hungarian-speaking interpreter to help S.B. understand his rights to counsel or to communicate with counsel who could understand him. The charge of refuse breath sample was dismissed by the Court.

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Cohen, Sabsay LLP
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