Specialized Defence for Fail/Refuse to Blow Cases

At Mor Fisher LLP, serving Barrie and Toronto, we specialize in defending individuals who have been charged with failing or refusing to provide a breath sample during roadside tests. Understanding the high stakes and intricacies of these cases, our experienced legal team is dedicated to providing a robust defence strategy.

Understanding the Legal Implications

Refusing or failing to provide a breath sample when requested by law enforcement can lead to serious legal consequences. Our firm is well-versed in the complexities of impaired driving laws and the specifics of ‘fail/refuse to blow’ charges.

The Law and Your Rights

• Legal Obligations: We explain your legal obligations at a RIDE checkpoint, including any circumstances in which a refusal may have been reasonable.
• Consequences of Refusal: Our team helps you understand the potential legal consequences of refusing to provide a breath sample.

Building a Strong Defence

Our approach to defending ‘fail/refuse to blow’ charges is comprehensive, focusing on every aspect of your situation and the encounter with law enforcement.

Examining the Circumstances

• Lawful Stop and Request: We scrutinize the legality of the traffic stop and the subsequent request to take a breathalyzer test. There is no legal obligation to comply with an unlawful demand, and in certain circumstances the police are required to offer a ’last-chance’ opportunity.
• Medical and Other Legal Excuses: There are many lawful excuses for failing or refusing to comply with a breathalyzer demand. We leave no stone unturned in helping you to tell your side of the story.

Penalties and Consequences

The penalties for failing or refusing to provide a sample are significant:

• First Offence: Minimum fine of $2,000.
• Second Offence: Mandatory imprisonment for 30 days.
• Subsequent Offences: Mandatory imprisonment for 120 days.

Consult with Our Expert Team

If you are facing a ‘fail/refuse to blow’ charge in Barrie or Toronto, it is crucial to have knowledgeable legal representation. Contact Mor Fisher LLP today for a confidential consultation, and let us help you navigate through this complex legal challenge.