Sentences with phrase «take the breath test after»

If the defendant refused to take the breath test after being advised pursuant to the statutory language by the police of the one - year sanction faced for a refusal (and the jail risked for a refusal where the defendant has prior refusal or DWI convictions), the first - offense sanction for so refusing is a civil offense carrying one year of no driving and no restricted driving privileges.

Not exact matches

After reportedly smelling alcohol on Daley, deputies asked him to take a breath test, but he refused.

A Forestville woman was arrested on a daytime DWI charge in the Town of Hanover after running a stop sign and refusing to take a breath test, according to the Chautauqua County Sheriff's Office.

The hearing must be requested within 15 days of the breath test request, otherwise, the suspension automatically takes effect 45 days after the breath test.

RESULTS: The judge concluded that the first breath test — without which no arrest and no second test would have taken place — was taken too quickly after Mark started driving.

Mark politely admitted to having consumed two beers that evening, and was arrested by the officer after taking a breath test.

When Mark was released from the police station, he was notified that he had been charged with Over 80 after taking two separate breath tests which revealed his blood alcohol content to be over the legal limit.

Where the defendant has no prior DWI convictions, the magistrate — after finding probable cause that the defendant violated the DWI law — will suspend the defendant's driver's license for seven days, whether or not the defendant refused to take the breath test.

The driver requested a second breath test which the officer allowed but after a couple of breath attempts that did not produce any valid results on the ASD the officer took the ASD machine away and served the driver with a Notice of Driving Prohibition based upon the first FAIL result.

After this telephone incident, the man took his second breath test, which again registered over 80.

After he took the first breath test upon arrival at the station and blew over the limit, he was handcuffed to a bench outside of the testing room while he waited for the second test.

After the police officer detected an odour of liquor on Client's breath, Client was required to take a roadside screening test (also known as an Approved Screening Device or «ASD»).

R. v. Manchulenko (M.) 2013 ONCA 543 Civil Rights — Right to counsel — General — Denial of — Evidence taken inadmissible The accused was acquitted on alcohol related driving charges after the trial judge excluded the evidence from the two breath tests (Charter, s. 24 (2)-RRB-, because of a breach of the accused's right to counsel (Charter, s. 10 (b)-RRB-, prior to the first test.