Court File and Parties

Court File No.: 12-2428 Brampton Date: December 3, 2014 Ontario Court of Justice Central West Region

Between: Her Majesty the Queen — and — Taihoon Chang

Before: Justice Richard H.K. Schwarzl

Heard on: July 25, 2013 and November 4, 2014

Reasons released: December 3, 2014

Counsel:

• Ms. Kelly Slate, Ms. Kerry Watson and Mr. Charles Waite for the Crown
• Mr. Jason Dos Santos for the Accused

SCHWARZL, J.:

1.0: INTRODUCTION

[1] Mr. Taihoon Chang stands charged with Impaired Driving, contrary to s. 253(1)(a) of the Criminal Code and Driving With Excess Blood Alcohol, contrary to s. 253(1)(b) of the Criminal Code. A trial was held in which there was a blending of trial and voir dire evidence. There are two issues for me to decide. First, has the Crown proved beyond a reasonable doubt that the ability of the Accused to operate a motor vehicle was impaired by the consumption of alcohol? Second, were the Accused's rights to counsel violated by the police failing to provide the Accused legal advice in Korean?

2.0: THE EVIDENCE

2.1: Prosecution Evidence

2.1.1: Arthur Watson

[2] Mr. Arthur Watson was a long-distance trucker in 2012. On February 4, 2012 at around 2:30 or 3:00 a.m. he was driving his rig eastbound in the shoulder lane of Highway 401 near Milton. The traffic was light at that time and he was travelling near the posted limit of 100 km/h. At that time and place he noticed a silver Mazda passenger car in front of him driving slowly in his lane.

[3] When Mr. Watson caught up to the Mazda, he changed lanes to overtake it. As he moved into the left lane, the Mazda suddenly, and without a signal, veered in front of him. As he slowed down, the Mazda moved back into the right lane. Mr. Watson decided to follow the car due to his concerns about how it was being driven. He followed it for between ten and fifteen kilometres.

[4] The Mazda drove with erratic speeds, varying between 40 and 70 in a 100 km/h zone. The car went onto the shoulder and back again without signalling. At one point the car veered all the way over from the right to the far left lane and all the way back again, nearly hitting a cement abutment. There were other instances of bad driving that Mr. Watson could not recall at the time of trial. Mr. Watson feared the driver might be in distress or intoxicated. The car was being driven so dangerously that he calle