Maureen McGuigan

The accused, a newly trained police officer with Peel Regional Police, was charged with impaired operation and over 80 following a single-vehicle collision on the QEW in Burlington on August 3, 2011.

The trial involved three Charter applications: one alleging violation of s. 7 (right to remain silent), one alleging violation of s. 10(b) (right to counsel), and one alleging violation of s. 8 (unreasonable search and seizure).

The court found a s. 10(b) breach due to inadequate facilitation of access to counsel of choice and poor note-taking by the arresting officer.

However, the court excluded the breath test results and statements made after rights were read, but found the accused guilty of impaired operation based on the erratic driving observed by an independent witness and the accused's conduct at the scene.

The accused pleaded guilty to multiple charges arising from motor vehicle operations in Burlington on December 6, 2012, and Toronto on January 29, 2013.

The charges included operating a motor vehicle while disqualified, dangerous operation of a motor vehicle, flight from police, and breach of probation.

The court imposed a global sentence of 8 months custody (after crediting 6 months pretrial custody) and a 10-year driving prohibition.

The sentencing was influenced by the accused's pattern of non-compliance with court orders, his serious driving conduct endangering public safety, and credibility concerns regarding rehabilitation evidence presented by his family.

The accused was charged with operating a motor vehicle with a blood alcohol concentration exceeding 80 milligrams per 100 millilitres of blood contrary to section 253(1)(b) of the Criminal Code.

The Crown's case relied on breath test results taken outside the two-hour statutory presumption period, requiring expert toxicological evidence to establish the accused's blood alcohol concentration at the time of driving.

The central issue was whether the accused engaged in "bolus drinking" (rapid consumption of large quantities of alcohol shortly before driving), which would render the expert's extrapolation unreliable.

The court rejected the accused's testimony regarding his drinking pattern as incredible and evasive, finding no credible evidence of bolus drinking.

The court convicted the accused based on the toxicologist's expert opinion that the accused's blood alcohol concentration at the time of driving was between 130 and 175 milligrams per 100 millilitres of blood.

Two offenders pleaded guilty to accepting and offering secret commissions (bribes) in relation to driving examinations at a DriveTest Centre in Oakville, Ontario.

The driving examiner accepted bribes from a driving school instructor to ensure that the instructor's students passed their Ministry of Transportation road examinations.

The scheme involved five prior corrupt transactions before discovery.

The court imposed custodial sentences, finding that the breach of public trust and risk to public safety necessitated imprisonment rather than conditional sentences, despite the offenders' lack of prior criminal records and expressions of remorse.