The Ontario Court of Justice acquitted Mario Takov of impaired driving charges under s. 320.14 of the Criminal Code.
The case centered on the interpretation and application of the "evaluation" conducted by a certified Drug Recognition Expert (DRE) under s. 320.28(2)(a).
The judge undertook a detailed statutory interpretation, concluding that the "evaluation" mandated by the Criminal Code is the 12-Step Drug Influence Evaluation (12-Step DIE) as defined by the International Association of Chiefs of Police.
The court found significant reliability issues with the Evaluating Officer's administration of the 12-Step DIE, including deviations from standardized procedures and an opinion inconsistent with the expected indicators for impairment by a CNS stimulant.
The Crown failed to prove the required facts to trigger the presumptions under s. 320.31(6), and the evidence did not establish impairment by alcohol or drugs beyond a reasonable doubt.
