Quote:
Originally Posted by jolinar of malkshor
True, but they have the same maximum punishment. From my experience, it is a lot harder to win a defence case for refusal to provide over an actual one where someone provided a breath sample.
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I wasn't debating punishments only that, in this case, there was no impaired driving charge thus the driver may not have been drunk.
But you are correct, the elements of the offense for a refusal are a lot easier to prove then impaired driving. Keep in mind, I think he was charged for the refusal of the roadside which would be even more difficult to defend IMO.