ONTARIO

SUPERIOR COURT OF JUSTICE

Court File No.: 14/3 SCA
Date: 20151203

B E T W E E N:

HER MAJESTY THE QUEEN
Respondent

• and -

VLADIMIR STRBA
Appellant

Luke Schwalm, for the Respondent
Steven Price, for the Appellant

Heard: December 2, 2015

Forestell J.

ENDORSEMENT

[1] The Appellant was convicted by Borenstein J. of driving with Blood Alcohol Over 80mg. He was acquitted of impaired driving. He appeals against his conviction.

[2] The Appellant argues that the trial judge erred in finding that the breath tests were taken ‘as soon as practicable.’ In making this argument the Appellant submits that the trial judge erred in his assessment of the evidence of the reasons for four separate periods of delay.

[3] The trial judge gave thorough and detailed reasons for his findings of fact. Those findings were clearly and firmly grounded in the evidence. The trial judge was, in my view, correct in his finding that the time taken to call duty counsel was reasonable given the Appellant’s inconsistent responses when asked if he wanted to speak to counsel. Moreover, I agree with the trial judge that even if the call to duty counsel was not necessary, the delay was not significant. The trial judge was also correct, in my view, that the delay waiting to move the Appellant’s car, waiting for a shift change at the station and waiting for the breath technician to become available was reasonable.

[4] The appeal is accordingly dismissed.

Forestell J.

Released: December 3, 2015