July 15, 2013

Edmonton MP Cleared of Refusing Breathalyzer

And Edmonton Member of Parliament has been cleared of charges relating to refusing a breathalyzer test in East Edmonton on December 4th, 2011.

Under section 254(5) of the criminal code a person will be charged with refusing to comply. The consequences will be the same as failing to comply or refusal of a breath demand.

On June 6, Peter Goldring, was found not guilty of charges. Provincial Judge Larry Anderson told the court Thursday he was left with reasonable doubt after hearing evidence in the trial that ended last month.

Background

According to responding officers, when Goldring was pulled over he responded by locking the doors and refusing to exit the vehicle. Officers reported that he smelled of alcohol after eventually exiting the vehicle. He was immediately placed under arrest and charged with driving while impaired.

Defence

During closing arguments in April, Dinos Bottos, Goldring’s lawyer, accused the arresting officer of assassinating the character of the 68-year-old MP.

Goldring claimed that police officers did no follow proper procedure in identifying that they required a field sobriety test. Rather they proceeded directly to arresting him. The defence contended that Constable Trevor Sherlud simply committed too many mistakes while conversing with Goldring and placing him into custody.

Goldring testified during the trial that he had 2 glass of wine and a beer at a political fundraiser.

Outcome

Judge Anderson ruled that “Goldring wasn’t trying to avoid taking a test, but was simply asking questions that any person in his situation would have asked when officers pulled him over.”

“The questions that Mr. Goldring was asking do not suggest he was just buying time,” he said.

“He was obviously in a dilemma. The questions were basically those that one might expect a detainee would ask a lawyer if that option were available.”

Problems with legislation

Goldring has now publicly said “his case highlights existing problems within current roadside checkstop legislation.” Continuing “The rights of drivers are unclear during the mandatory 15-minute interval police must wait out before administering a breath test to drivers if they have just had a drink.”

Charged with DUI

Golding’s case highlights some of the problems with current DUI legislation. If you’ve been charged with a DUI in Edmonton it is important to know your rights. Call us today.

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Edmonton Impaired Driving Lawyer