Client had been drinking and was involved in a serious accident after he ran a stop sign on a rural road. Both vehicles were written off and he was taken to the hospital by ambulance. Police conducted a forensic examination at the scene which involved the warrantless seizure of the “black box” in the client’s car. An expert report concluded that the accused’s vehicle had been traveling at a dangerously high rate of speed on the dark and wet country roads. Client charged accordingly with impaired driving, over 80 and dangerous driving.
All charges dropped in exchange for a plea to careless driving. Crown conceded at pretrial that over 80 would be difficult to prove due to marginal readings, accepting the recognized 10% error tolerance of breath device. Crown also accepted that the accident reconstruction report may not be admissible due to the unauthorized seizure of the black box from the accused vehicle.