R. v. S.J. [Provincial Court of Alberta, Airdrie, September 2018]

S.J. drove through checkstop set up by police. Police observed an odor of alcohol on S.J.’s breath and an “overwhelming” odor of alcohol coming from the vehicle. A demand for a roadside sample of his breath was made. After five attempts to provide a sample S.J. was arrested for failing to/ refusing to provide a breath sample. S.J. denied drinking and said that the smell of alcohol originated from his brother, who was his passenger. Ms. Fagan scheduled the matter for trial.

BOTTOM LINE: All charges against S.J. were completely withdrawn.