The accused was charged with dangerous driving causing bodily harm and failure to comply with a breath demand following a head-on collision.
The court found that the accused's prolonged distraction by his cell phone, combined with significant speeding, constituted a marked departure from the standard of care, resulting in a conviction for dangerous driving.
However, the accused was acquitted of the refusal charge, as the court had a reasonable doubt regarding his intent to fail the breath test given his emotional state, injuries, and the limited number of attempts provided by the officer.
