The Ontario Medical Association advises physicians who are asked to provide medical information related to a patient's refusal to comply with a breath test to consider several factors. What is their knowledge about the timing and circumstances of the incident? But more importantly, can a medical condition truly be a factor in a person's ability to provide a sample? The OMA says there are almost no medical conditions that could prevent a driver from providing a suitable sample. On behalf of the OMA, Dr. Boadway so eloquently puts it, "If a driver is unable to breathe he or she has no business being behind the wheel of a car, whether drinking or not." Don't Use Medical Excuse to Escape Breathalyzer Medical Doctor Warns, 156(2) Canadian Medical Association Journal at 157, January 15, 1997; OMA Policy Statement on Administrative Driving Licence Suspension, [December 1996] Ontario Medical Review at 39
If you are faced with a medical excuse, encourage your prosecutor to cross-examine the defence expert (physician) on his knowledge with respect to the OMA's position. Rarely, does the physcian who wrote the letter on behalf of the accused, even know what is required to provide a sample of breath.