Peter Spiros Dotsikas

The accused was charged with operating a motor vehicle after consuming alcohol in excess of the legal limit.

The Crown's case relied on a roadside screening device test that registered a fail, and subsequent breath analysis readings of 150 milligrams of alcohol per 100 millilitres of blood.

The defence challenged the validity of the screening device demand under sections 8 and 9 of the Charter of Rights and Freedoms, arguing that the officer making the demand lacked the requisite subjective belief to form reasonable suspicion.

The court found that the officer's evidence was internally contradictory and unreliable, and that he had no reliable subjective basis for making the screening device demand.

The court concluded that the screening device test constituted an unreasonable search in violation of section 8 of the Charter, and excluded all evidence obtained as a result under section 24(2) of the Charter.

The accused was acquitted.

The defendant was charged with impaired driving and driving with an excessive blood-alcohol concentration (BAC) following a three-vehicle collision on Lakeshore Boulevard in Toronto.

The Crown relied on observations of impairment and breath test results showing BAC readings of 120 and 116 milligrams per 100 millilitres of blood.

The defendant was acquitted on both counts.

The court found that the evidence of impairment was ambiguous and fell short of establishing beyond reasonable doubt that the defendant's ability to drive was impaired.

Additionally, the Crown failed to establish that the first breath sample was taken within the two-hour statutory window required to invoke the presumption of identity, thereby rendering the breath test results inadmissible.