P.S. Dotsikas

The defendant was charged with impaired operation of a motor vehicle and failing to comply with a demand to provide breath samples.

The Crown alleged the defendant was driving erratically and displayed signs of impairment including the odour of alcohol, glossy eyes, and a dazed appearance.

The defendant refused to provide breath samples when demanded by police.

The court found that the arresting officer lacked reasonable grounds to believe the defendant was impaired, rendering the approved instrument demand unlawful.

The court also found insufficient evidence of impairment beyond reasonable doubt.

The defendant was acquitted of both charges.

The defendant was charged with operating a motor vehicle with a blood-alcohol level exceeding 80 milligrams of alcohol in 100 millilitres of blood, following a rear-end collision on October 31, 2015 in Toronto.

The trial addressed two main issues: whether the defendant's section 10(b) Charter rights were breached due to delay in breath testing, and whether the breath testing on an approved screening device was conducted "forthwith" as required by the Criminal Code.

The court found no Charter breach, finding that the defendant was adequately informed of her right to counsel despite the delay.

The court also found that the "forthwith" requirement was satisfied given the unusual circumstances, including the off-duty status of the initial officer and the heavy police workload on Halloween night.

The defendant was found guilty.