Trial continues for man charged with refusing breathalyzer test after fatal crash in Dawson City, Yukon

The lawyer for a man charged with failing to provide a breath sample after a fatal collision in Dawson City, Yukon, in 2023 says the charge against Erich Rauguth should be thrown out.

Rauguth's trial continued this week in Whitehorse with Crown and defence making final submissions.

Rauguth is charged with a single count of failing to provide a breath sample after the car he was driving struck a steel gate in Dawson City on the morning of Oct. 29, 2023, killing passenger Samanroop Bisla, 33.

Rauguth was originally charged with impaired driving causing death, as well as failing to provide a breath sample. However, last September, the Crown dropped the impaired driving charge.

Crown prosecutor Brad Demone said this week his submission relies on evidence provided through witness testimony during the trial from three RCMP officers who responded to the incident that morning.

Demone told the court that a charge of failing to provide a breath sample requires a valid demand from a peace officer who had formed reasonable grounds, an understanding of what was required on the part of the accused, and the failure to comply with the demand.

Demone said the second officer to respond to the scene that morning had formed reasonable grounds to demand Rauguth take a breathalyzer test, and had notified him he could be charged if he did not comply.

That officer testified that Rauguth had acknowledged that he understood the officer's demand, and the consequence of refusing. Raugath took a breathalyzer test there, and was then arrested and taken to the detachment.

Demone said there were numerous times throughout the morning when Rauguth was informed of the severity of the situation, and the process that would follow.

Demone argued the evidence proves beyond a reasonable doubt that Rauguth failed to comply with the direct order to provide a breath sample later that morning at the Dawson City RCMP detachment. Rauguth declined three times to take a breathalyzer test at the detachment with another, third officer, who was certified and designated to administer the test.

Rauguth's defence lawyer Tim Foster argued that the charge specifies that Rauguth refused to comply with a demand for a breathalyzer test made by that third officer, at the detachment. But Foster said Rauguth was never given a "valid demand" by that particular officer, and therefore he should be acquitted of the charge.

Foster pointed to testimony from that officer, who said he never officially demanded Rauguth provide a breath sample, and had instead explained his role as a certified, designated technician, explained how to do the test, asked Rauguth if he was going to do the test, and explained the consequence if Rauguth refused.

Foster said the Crown did not sufficiently prove that the officer at the detachment made a legally valid demand.

The Crown has asked the judge for more time to respond to the defence's submission and has been given until April 25.

The judge has given the defence until May 9 to respond to the Crown's response.

Closing arguments at the trial are set for May 20.