The appellant, a police officer, appealed a finding of guilt for discreditable conduct and a penalty of demotion after he was arrested and convicted of impaired driving in Ohio while off-duty.
The appellant argued the Hearing Officer erred by relying on his no-contest plea in Ohio, admitting breathalyzer evidence that did not meet Canadian standards, and failing to stay the proceedings due to the destruction of audio and video tapes by Ohio authorities.
The Ontario Civilian Commission on Police Services dismissed the appeal, finding no manifest error in the Hearing Officer's evidentiary rulings or application of Canadian law to the foreign conduct.
The penalty of demotion from First-Class to Third-Class Constable for two years was upheld as reasonable given the seriousness of the misconduct and the need for general deterrence.
