Charges

Impaired Driving; Driving Over the Legal Limit, .212 BAC

Result

Stay of Proceedings -- Not Guilty

Case Details

While driving home from a wedding, Danilo B. was scene driving in an unusual manner causing a Toronto Police officer to attempt to pull him over.

At this time, the accused nearly sideswiped the police vehicle. The vehicle continued to drive and did not pull over for another half a kilometer. The accused smelled of an alcoholic beverage and his speech was slurred; he was arrested.

As he got out of his vehicle he stumbled and nearly fell down.

At the station he provided breath samples which had him over 2.5 times the legal limit.

At trial, David Anber challenged the manner of the arrest as well as delays for certain rights (such as the rights to counsel) being provided to his client.

In response, the Crown prosecutor had taken 3 different positions over these arguments. This led to confusion on the trial date and a new Court date was provided. At the new Court date, Mr. Anber brought a request to Stay (stop) the Proceedings.

Click here to see the decision

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