The Ontario Court of Justice found Biplove Kumar guilty of impaired operation and excess blood alcohol operation following a collision with an ambulance.
The court addressed multiple Charter challenges raised by Kumar, including alleged violations of sections 8, 9, and 10(b) of the Charter concerning unreasonable seizure, unlawful arrest, and rights to counsel.
The court found Kumar was not detained in the ambulance prior to arrest, that police had reasonable and probable grounds for arrest and breath demand, and that the police acted with reasonable diligence in facilitating access to counsel.
The court also rejected claims of excessive force and found Kumar’s testimony lacked credibility, relying heavily on body-worn camera footage and witness testimony.
