York Regional Police (YRP) have released a video of a traffic stop last month in King Township in which a motorist was given nine attempts to provide a suitable breath sample after the officer noticed the smell of alcohol on the driver's breath.
In the video, the officer can be seen demonstrating how the screening device was used and that it was functioning properly.
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— York Regional Police (@YRP) February 8, 2023
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Arrest details: https://t.co/DHdKkUsjfE pic.twitter.com/fVzgd3iWES
The driver was given nine attempts to provide a suitable sample of his breath and was warned he would be arrested and charged if he failed to do so. Police say after several explanations, demonstrations and opportunities provided by the officer, it was determined the driver was not going to comply with the demand, so he was arrested and charged with fail to comply.
His vehicle was impounded for seven days and his driver's licence was suspended for 90 days.
"When a police officer suspects that someone has alcohol in their body and has, within the preceding three hours, operated a conveyance, the Criminal Code allows an officer to demand a breath sample for an analysis of it to be made by an approved screening device. Furthermore, the Criminal Code makes it an offence for anyone who fails or refuses to comply with such a demand without a reasonable excuse," YRP explained in a media release.
"Drivers must be aware that if an officer demands a breath sample, they are legally required to provide it and blow properly into the device. Providing a breath sample is simple, straightforward and has been proven safe and easy, including for those with breathing issues."
Video and image supplied by York Regional Police
