Accused pleaded guilty to refusing to provide a breath sample following a collision causing death, contrary to s. 255(3.1) CC. Young boy struck and killed on a restaurant patio. No record. Case spawned vigilantism, as the accused was kidnapped and had his thumb cut off.
Held: 4 months jail plus 30 month driving prohibition.
Finding of fact made that the accused was not impaired at the time of driving. Further, decision to refuse to blow was based in part on bad legal advice received from duty counsel. “As tragic as the consequences have been, this collision was an accident caused by a non-impaired driving error.”
D. Bottos – Defence Counsel