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Arrested for refusal breath test.
Hi,
We came back from an event 2 weeks ago when 2 police indicated me to stop the car on side of the road for an alcohol test. I was quite nervous as it felt wrong to comply even tough I knew there was no alcohol in my blood. So I tried holding position. I told them that I don’t consent to have a test done. I asked them if they claimed that I was driving when they asked for my license, no answer. Bit of back and forth like this until they gave me a final warning and said blow now or we will take you. My reply was “sorry I can not accept your offer”. They did take the drivers license I was carrying, however I was very clear that I was not driving or identifying as the person on the license. They reached in and turned my car of and became more aggressive. I responded “I comply under treat and duress”. They hand cuffed me brought me to the office and I ended up doing the test under treat and duress which I stated very clearly. They agreed to call me a living man that was travelling and could not provide proof of authority.
One of the officers gave me a paper with he persons name on it and stating he took the test of the person even tough he said “you are still a living man”. I complied in the end under treat and duress because they where going to suspend my license and they clearly did not have a clue about the difference between driving and travelling. So they probably would had arrested me again when I would had got back into my car.
They decided to bring me back to my car where my girl was waiting. She had no license and I had the key(that I pulled out of the officers hand when he turned of my car) the windows and doors where open in the middle of the street at 11 at night. I would never leave a girl like that. I even asked them if she was alright when we drove of, the officer stated that he tlaked to her and she was fine. criminal code act 1899-009 states the following:
319 Endangering the safety of a person in a vehicle with
intent
(1) A person who does anything that endangers, or is likely to
endanger, the safe use of a vehicle, with intent to injure or
endanger the safety of any person in the vehicle, whether a
particular person or not, commits a crime.
Maximum penalty—life imprisonment.
(2) In this section—
do anything, for a person who has a duty to do the thing,
includes omit to do the thingThey gave me a note that the person has to appear in court for refusal of an order. I don’t think they have proof that I was contracting with them especially because I said clearly that I co-operated under treat and duress after the arrest.
I could had maybe held my position better by asking 3 times the same question and notifying them that I will claim damages. But it is what it is. We are looking to purchase some of the modules as I have no experience with this et all other than some of the documents we have already read in the last couple of weeks.
Can someone please point us in the correct direction or give some possible solutions? Thanks, Wim