On the evening of June 23, 2019 members of the Rainy River District Ontario Provincial Police responded to a report of a Motor Vehicle Collision on Highway 11 West of Emo, Ontario. When Provincial Constables arrived at the scene of the collision they found two vehicles which had been damaged.
During the investigation, a Provincial Constable read one of the drivers an approved roadside screening device demand which would allow for an analysis of their breath to determine the amount of alcohol in their blood. The driver refused to provide a sample of their breath for analysis.
As a result Melanie JOURDAIN (40yrs) of Fort Frances, Ontario was charged with Failure or refusal to comply with demand contrary to section 320.15(1) of the Criminal Code.
Failure or refusal to comply with a Police Officer’s demand to provide a breath sample has the same penalties as being charged with impaired driving or driving with over 80 milligrams of alcohol in your blood contrary to section 320.14 of the Criminal Code. These penalties include an immediate seven-day vehicle impoundment and a 90-day driver’s licence suspension. Upon conviction, the accused could face fines starting at $1,000.00, possible jail time and licence suspensions of a year or more.
