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- On July 2018 at 1:21 am in Toronto, Anson Burnett, and Tim Broome were stopped at a red light facing southbound on moring side road they observed the defendant driving his vehicle.
- Heard on november , december 13,2019
- R.V Gunarasan
- STOP
- Reasons for judgement released on march 10,2020
- Mr.Gunarasan says that during the police investigation, his charter rights under 10(A) and (B) were infringed, warranting the exclusion of his breath readings, as well as of observations the officer made of indica of impairment
- k.Farrell- counsel for the crown
- p.Mota- for the defendant kevin Gunarasan
- Anson Burnett
- Tim Broome
- The officer told the court that Mr.Gunarasan continued to ramble incoherently and gave inconstant answers to simple questions regarding a traffic ticket and who owned the car he was driving.
- William Niziol, the breathalyzer technician, said he observed that the defendant showed the following indicia of impairment, including a strong odor of alcohol on his breath, dilated pupils, bloodshot and watery eyes, slurred speech, in the sense that he prolonged his
- Where there is a delay in promptly administering the roadside breath test, there is no breach of a in the circumstances, there was no realistic opportunity
- The second time the defendant was brought in, it was apparent that he had to be held up and had difficulty opening the mouthpiece through the plastic. P.C.The officer asked him how many drinks he had because he was concerned the defendant might vomit in his sleep while in the cell where he would be kept until sober.
- After his arrest at 1:39 a.m., the defendant declined counsel. He felt a lawyer could not undo the arrest.
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