James Stribopoulos

The defendant was charged with care or control of a motor vehicle after consuming alcohol in excess of the legal limit contrary to section 253(1)(b) of the Criminal Code.

The defendant brought a motion for a stay of proceedings based on an alleged violation of his Charter right to be tried within a reasonable time under section 11(b).

The court found that approximately 13 months elapsed from the swearing of the information to the trial date, with 11 months constituting institutional delay exceeding the local guideline of 8-9 months.

The defendant demonstrated actual prejudice through educational disruption caused by additional legal fees necessitated by the delay.

The court granted the stay of proceedings.

The defendant was charged with refusing to provide a breath sample contrary to section 254(5) of the Criminal Code.

The Crown alleged that on July 6, 2012, the defendant refused to comply with a lawful demand by a peace officer to provide a breath sample for analysis by an approved screening device.

The defendant was found guilty after the court determined that the officer had reasonable grounds to make the demand, the device was approved, the defendant failed to comply with the demand, and the failure was intentional.