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Ulysses101
Ulysses101, Lawyer
Category: Canada Law
Satisfied Customers: 3574
Experience:  11 years experience in Canada family law, plus criminal, civil, and employment
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My son in law was pulled over and refuses to take

Customer Question

My son in law was pulled over and refuses to take breathalyzer. It's 11:00 pm and wants a lawyer first. What will happen?
Submitted: 2 years ago.
Category: Canada Law
Expert:  Ulysses101 replied 2 years ago.

Hello, thank you for the question.

Your son in law is entitled to speak to a lawyer. At the police station he'd have been given an opportunity to call a lawyer of his choice, and if he doesn't connect he can speak to a duty lawyer by calling the province's Legal Aid number. That happens all the time, as most criminal lawyers aren't sitting in their offices waiting for the phone to ring at 11:00 p.m..

The lawyer will tell your son in law that a "failure to provide breath sample" carries the same penalties as an impaired charge, but there are fewer defenses to the failure charge. If he is physically unable to provide the sample into the breath device because he has bronchitis, that's a defense.

I hope that he connected with a lawyer, then got the advice he needed. Do you know what happened?

Expert:  Ulysses101 replied 2 years ago.

I'm observing that you saw my reply, but I haven't seen a response.

If your issue has been resolved, that's fine. While I'd appreciate a positive service rating, you also have the option of asking customer service for your deposit back too. Don't leave your money sitting with the site, unless you want to save it for a future question.

I'm here if you want to talk about this matter.

Expert:  Ulysses101 replied 2 years ago.

Has your son in law had his court date? If he has a lawyer now then that's good. If you want to talk to me more, then I'm still here.

If you made a deposit to the site please don't forget about it. You can ask the site for your money back, or leave it with the site for a future question if you like. I won't bug you.

Ulysses