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Impaired man charged after refusing to provide a breath sample

West Grey OPP logo at night

FROM AN DECEMBER 20, WEST GREY POLICE MEDIA RELEASE — On Friday, December 20th, 2019 at approximately 2:50a.m, police responded to a call in the area of Grey Road 3 and Concession 16 regarding a vehicle in the ditch. The caller told police that the male in the front seat of the vehicle was asleep and that he may be intoxicated.

Upon police arrival, the male exited the vehicle from the driver seat and an odour of alcohol could be smelled coming from his breath. The driver was identified and subsequently ordered to provide a breath sample into approved screening device.

Rather than providing a breath sample, the male simply held the mouthpiece to his lips and did not blow into the device. The man was cautioned that the consequences for not providing a breath sample have the same penalties as if he were to have failed the test. An ample amount of opportunities to provide a breath sample were given however the driver still refused to provide a breath sample. Consequently, the 39 year old Ayton man was charged with Failure or refusal to comply with demand contrary to section 320.15(1) of the Criminal Code. 

The accused Ayton man’s vehicle was immediately impounded for 7 days and his driver’s licence was suspended at the roadside for ninety days. The 39 year old Ayton resident is set to appear at the Walkerton Courthouse on February 5th, 2020 where he will answer to the charge.

The West Grey Police Service is committed to road safety and will not tolerate impaired driving on our roadways. Throughout the holiday season, a greater number of RIDE programs can be expected. Police recommend planning your ride home ahead and when in doubt, call a taxi or a friend.


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Updated March 12, 2020.

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