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R. v. Ogertschnig

Just because it seems to be such a popular topic, here’s a (rare) example of a court upholding an accused’s refusal to blow. Obviously each case must be looked at in the context of its own circumstances. In this case, the circumstances including the unlawful arrest; the use of handcuffs which were too tight; the police officer?s refusal to address the accused?s complaint concerning the tightness of the handcuffs; and the overall impact on the accused, led him to demand the right to read more

Full post as published by Criminal Review on October 25, 2008 (boomark / email).