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Police officer's misconduct finding for careless driving upheld, but penalty reduced due to Hearing Officer's errors in principle.
The appellant police officer appealed a Hearing Officer's decision finding him guilty of misconduct for carelessly causing damage to his police vehicle during a left-turn collision, and the subsequent penalty of forfeiting 16 hours.
The Ontario Civilian Police Commission upheld the misconduct finding, concluding that the officer failed to ensure he could complete his turn safely.
However, the Commission allowed the penalty appeal, finding the Hearing Officer erred in principle by treating the officer's failure to acknowledge guilt and the absence of Highway Traffic Act consequences as aggravating factors.
The penalty was reduced to the jointly submitted forfeiture of 8 hours.
