The Ontario Court of Justice found Raymond Vitellaro guilty of impaired operation of a conveyance, dangerous operation, and refusing to provide a bodily sample following a multi-vehicle collision caused by his driving.
The court carefully analyzed the right to counsel issues, concluding no breach occurred despite delays in contacting his counsel of choice.
The evidence, including dashcam footage and credible witness testimony, established that Vitellaro drove dangerously at high speed, distracted by opening a bag of Cheetos, and was impaired by narcotic analgesics (suboxone).
His refusal to provide a bodily sample was not excused by his explanations and was proven beyond a reasonable doubt.
The court also dismissed a Charter s 11(b) application for delay, attributing most delay to the defence.