R. v. D.B.
The client, a Spanish speaking Permanent Resident, was charged with impaired driving and refusal to provide a breath sample. Our client was found sleeping in his vehicle on the side of Deerfoot Trail. When First Responders arrived, they smelt alcohol which prompted a call to Calgary Police. When the authorities arrived, the client admitted to consuming shots earlier in the evening. D.B. was arrested and taken to a District Office where he attempted to provide breath samples but was unsuccessful. The client and his family faced deportation proceedings should he be convicted. The matter was set down for a 2-day trial in which Mr. Wyman submitted written argument alleging an illegal arrest and a violation of D.B.’s right to counsel. Upon receiving this argument, the Crown concluded there was no likelihood of conviction and terminated the prosecution.