Appeal from conviction for impaired driving. Appeal allowed and acquittal substituted. Appeal judge agreed that while the trial judge correctly stated the legal test to be applied, the evidence was mischaracterized, in particular the “driving pattern was overstated. This driving included: driving at speeds varying from 50-60 km in a 60 zone, not properly operating the vehicle by maintaining the centre of the lane (officer noted a “swerving within the lane” on two occasions, one of which was on a curve), and a quick lane change with the signal light briefly flicking on and off.
July 3, 2012