December 12, 2024
M.S.’s vehicle was involved in a single vehicle accident. Members of the OPP observed the vehicle hit the center median while travelling down highway 401. During the investigation, police detected signs of impairment, including, slurred speech, red glossy eyes, and the heavy smell of alcohol. A.A. registered a Fail on the Approved Screening Device. At the police station, A.A. provided breath sample in excess of the legal limit (138 and 141 mgs per 100 ml of blood). As a result, M.S. faced charges of both impaired driving and excess blood alcohol.
After reviewing the disclosure, Mr. Fedorowicz identified violations of M.S.’s right to counsel, contrary section 10(b) of the Charter of the Rights and Freedoms. These issues, along with detailed material respecting M.S. good character, were presented to the Crown Attorney during pre-trial discussions.
All Criminal Code charges withdrawn. After considering these factors, Crown counsel agreed to a resolution under the Highway Traffic Act (Careless Driving).