DUI Charge Dismissed After Unlawful Roadside Breath Demand

We conducted a detailed review of cruiser dash camera footage, body-worn camera recordings, and notebook entries to determine whether reasonable suspicion objectively existed.

We analyzed whether the observations described met the legal threshold required under the Criminal Code before a roadside screening demand can be made.

Through cross-examination, we demonstrated that the officer could not clearly articulate how his observations formed reasonable suspicion prior to the demand.

We argued that without lawful grounds for the roadside screening, all subsequent breath samples were obtained unlawfully and must be excluded.