Ottawa Impaired Driving – Taylor’s Case Results
* All identifying information has been edited to protect client confidentiality.
Taylor rear-ended a car, causing a multi-vehicle collision. Taylor was charged with impaired driving in Ottawa, and driving with a blood alcohol content over 80 milligrams of alcohol in 100 milliliters of blood.
Taylor caused a four vehicle rear-end accident. He was arrested at the roadside for impaired driving , without the use of a roadside screening device test. At the station, Taylor blew over the limit.
Ottawa’s Highway Traffic Act requires everyone who is involved in a car accident with injuries or where the damage may exceed $1,000 to report the accident to the nearest police officer and to answer any questions about the accident.At trial, Brett McGarry argued that all Taylor’s statements to the police should be excluded because he was forced to incriminate himself by the reporting obligations in the Highway Traffic Act. Brett argued that without the roadside statement the police did not have legal grounds to demand breath samples.Taylor knew that he had a legal obligation to give an accident report to the police if he was involved in a serious car accident. Taylor confirmed this belief when he testified at the trial.
The judge found that Taylor’s Charter rights were violated and excluded all the evidence against him. As a result, Taylor was found not guilty of over 80 and impaired driving.
Not guilty of Impaired Driving in Ottawa.