A police officer who stopped a suspected drunk driver in a roadblock on the Lions Gate Bridge was not required to offer the driver a second chance after the man had already refused to give a breath sample, a provincial court judge has ruled.
Judge Bill Rodgers of the North Vancouver provincial court told Kenneth Komenda in a recent ruling there are no second chances when it comes to a request to provide a breath sample.
According to court documents, West Vancouver police Const. Dominic Toa stopped Komenda as Komenda drove his BMW convertible across the Lions Gate Bridge Aug. 6, 2010.
The officer asked Komenda if he'd had anything to drink that night. Komenda said he hadn't. But Toa smelled alcohol coming from the vehicle and asked Komenda to step out of the car. When the officer repeated his question, Komenda said he'd had some beer two hours before. Toa then asked Komenda to provide a breath sample.
Instead, Komenda asked what would happen if he refused to blow and was told he'd face the same penalties as a driver who failed the breathalyzer test. Komenda refused and was arrested and placed in the police car.
Komenda's lawyer said once in the police car, his client changed his mind. He argued the police officer should have given him a second chance.
But the judge didn't agree, noting Komenda is a successful businessman and clearly understood what was being asked of him.
"If the courts say that a driver must receive a second chance to provide a breath sample, then why not a third chance? Or a fifth?" said Rodgers. "Such a requirement would render the breath demand legislation largely inoperative."
Rodgers found Komenda guilty of refusing to comply with a breath sample, which carries a mandatory minimum sentence of a $1,000 fine and one-year driving ban. A sentencing hearing is set for next month.
