‘I have asthma by the way:’ Driver in York Region charged after repeatedly refusing to give breath sample

A man has been charged after failing to give a breath sample nine times when pulled over for a traffic stop.

The incident happened in the Township of King on Jan. 24.

Police say that the officer noticed the smell of alcohol on the driver’s breath during a traffic stop.

The officer then asked the driver to step out of their vehicle and provide a breath sample into a screening device.

In a video released by York Regional Police, the officer holds up the screening device to the driver’s mouth instructing him to blow. The driver then fails to blow on multiple occasions.

“I have asthma by the way,” the driver says.

“That has nothing to do with this,” the officer replies.

Moments later, the officer demonstrates how the screening device works before holding it up again to the driver’s mouth resulting in another failed attempt.

After refusal of all nine requests, the driver was arrested and charged with failure to comply with a breath demand.

His vehicle was impounded for seven days and his driver’s licence was suspended for 90 days.

York police are reminding motorists they are legally required to provide a breath sample and failure to blow into the screening device will result in criminal charges, immediate driver’s licence suspension and a seven-day vehicle impoundment.

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