2 total
Accused acquitted of impaired driving but convicted of cocaine possession following a valid search incident to arrest.
The accused was charged with impaired driving and possession of cocaine after police investigated a minor collision in a parking lot.
The accused brought a Charter application alleging unlawful arrest and search, which the court dismissed, finding the officer had reasonable grounds to arrest for impaired driving and the search was a valid incident to arrest.
At trial, the court found the Crown failed to prove beyond a reasonable doubt that the accused's ability to drive was impaired by alcohol or drugs, resulting in an acquittal on that charge.
However, the court rejected the accused's testimony that he was unaware of the cocaine found in his sweatpants, finding him guilty of possession of cocaine.
The accused was acquitted of impaired driving due to reasonable doubt but convicted of possessing cocaine found during a lawful search incident to arrest.
The accused was charged with impaired driving and possession of cocaine following a minor motor vehicle collision in Waterloo.
The Crown alleged the accused's ability to operate a motor vehicle was impaired by alcohol and/or drugs.
The defence challenged the lawfulness of the arrest and the reliability of the drug recognition evaluation.
The court found the arrest was lawful based on reasonable and probable grounds.
However, the Crown failed to prove impairment beyond a reasonable doubt, resulting in acquittal on the impaired driving charge.
The court found the accused guilty of possession of cocaine, rejecting his testimony that he was unaware of the drug in borrowed sweatpants.
