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.

By Michael Engel| September 18th, 2017|