The appellant appealed convictions for impaired driving and refusal to provide a breath sample following a trial in which he was acquitted of leaving the scene of an accident.
He argued that the trial judge misapplied the W.(D.) credibility test, provided insufficient reasons, misapprehended evidence, and demonstrated bias.
The court held that the trial judge was entitled to reject the appellant’s testimony as unreliable and that ample evidence supported findings of impairment and refusal.
Minor misapprehensions of evidence were found to be immaterial and did not result in a miscarriage of justice.
The appellate court concluded that the verdicts were reasonable and supported by the evidence.
