A recent court decision in Regina is a compelling reminder of the importance of consulting an experienced criminal defence lawyer when facing impaired driving or refusal charges. In R. v. Victoria Kopperud, the court ruled that her refusal to provide a breath sample was lawful because the officer’s demand violated her Charter rights.

This outcome highlights how vital it is to have legal representation from someone who understands the complexities of impaired driving law and Charter protections. Without proper defence, the consequences of pleading guilty can be severe and often avoidable.

The Power of a Strong Legal Defence

Kopperud’s case began when an RCMP officer responded to a tip about erratic driving. After following her into her workplace parking lot, the officer blocked her vehicle and demanded a breath sample. Despite not observing any signs of impairment, the officer insisted he had the authority to request a breath sample without reason—even in a private parking lot.

However, the court disagreed with the officer’s assessment of the law. Justice Rybchuk ruled that while the Traffic Safety Act allows random stops on public highways, the officer overstepped his authority by initiating a stop on private property without reasonable grounds. This breach of Kopperud’s Charter rights led to her acquittal.

Why You Should Always Seek Legal Advice

This case illustrates how a skilled impaired driving/DUI lawyer can identify technical and procedural errors in a case that could lead to a dismissal. Had Kopperud pleaded guilty without contesting the charge, she would have faced severe consequences, including fines and a license suspension—despite the fact that the officer acted unlawfully. It was only by taking this matter to trial that the violation was revealed.

Upholding the Charter of Rights and Freedoms in Criminal Cases

Justice Rybchuk’s ruling reinforces the legal principle that police officers, like all citizens, must operate within the boundaries of the law. His decision not only protected Kopperud’s rights but also emphasized the broader role of the justice system in holding law enforcement accountable.

As Justice Rybchuk noted, Charter breaches—such as unlawful stops or demands—must be addressed to maintain public trust and ensure that individual rights are upheld. Ignoring breaches like this one could incentivize overreach by law enforcement, undermining the foundations of the justice system.

The Takeaway: Never Plead Guilty Without Legal Help

If you’re facing a drinking and driving charge, like a DUI or refusal, remember: not every case is as straightforward as it seems. A knowledgeable DUI lawyer can examine the facts, determine if your rights were violated, and argue against unlawful actions by the police.

As Kopperud’s case demonstrates, the consequences of pleading guilty without a proper defence can be devastating—and unnecessary.

Your rights are worth protecting, and a strong legal defence ensures those rights remain intact. Don’t let an overreach by law enforcement dictate your future. If you’ve been charged, consult a criminal defence lawyer who understands the complexities of the law and will fight for the best outcome in your case.