The appellant, Uche Uduma, appealed his convictions for impaired driving and refusing to provide a breath sample.
The appeal raised five grounds, including failure to consider alternative explanations for indicia of impairment, misapprehension of evidence regarding the odour of alcohol and pre-arrest compelled evidence, drawing a negative inference from the appellant's silence, failure to apply the R. v. W.(D.) test, and reasonable apprehension of bias.
The court dismissed the appeal, finding that the trial judge correctly applied the totality of evidence test, did not misapprehend evidence, did not improperly use the appellant's silence, and correctly applied the principles of R. v. W.(D.).
The ground of reasonable apprehension of bias was abandoned.
