R. v. Dobrowolski (D.), (2005) 200 O.A.C. 64 (CA)
| Judge | Weiler, Simmons and Gillese, JJ.A. |
| Court | Court of Appeal (Ontario) |
| Case Date | June 14, 2005 |
| Jurisdiction | Ontario |
| Citations | (2005), 200 O.A.C. 64 (CA) |
R. v. Dobrowolski (D.) (2005), 200 O.A.C. 64 (CA)
MLB headnote and full text
Temp. Cite: [2005] O.A.C. TBEd. JN.104
Her Majesty The Queen (respondent) v. Dieter Dobrowolski (appellant)
(C43028)
Indexed As: R. v. Dobrowolski (D.)
Ontario Court of Appeal
Weiler, Simmons and Gillese, JJ.A.
June 20, 2005.
Summary:
An accused was found not guilty of impaired driving and driving with an excessive blood-alcohol level. The Crown appealed.
The Ontario Superior Court dismissed the appeal respecting the impaired driving charge and reserved its decision on the excessive blood-alcohol charge.
The Ontario Superior Court, in a decision reported at [2004] O.T.C. 911, allowed the remainder of the appeal and convicted the accused of driving while having an excessive blood-alcohol level. The accused appealed.
The Ontario Court of Appeal dismissed the appeal.
Criminal Law - Topic 1374
Offences against person and reputation - Motor vehicles - Impaired driving - Breathalyzer or blood sample - Evidence and certificate evidence (incl. evidence tending to show) - The Ontario Court of Appeal rejected an assertion that once a qualified breathalyzer technician submitted a breath sample for analysis and an approved instrument produced a result, absent any indication that the approved instrument had malfunctioned, the sample was a sample "necessary to enable proper analysis" within the meaning of s. 254(3) of the Criminal Code and the technician had no discretion to reject it.
Cases Noticed:
R. v. Perrier (1984), 5 O.A.C. 304; 15 C.C.C.(3d) 506 (C.A.), refd to. [para. 27].
Statutes Noticed:
Criminal Code, R.S.C. 1985, c. C-46, sect. 254(3) [para. 1].
Counsel:
Robert B. Howe, for the appellant;
Leanne Salel, for the respondent.
This appeal was heard on June 14, 2005, by Weiler, Simmons and Gillese, JJ.A., of the Ontario Court of Appeal. The following decision of the court was endorsed on the appeal book on June 20, 2005.
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...1 S.C.R. 903, at para. 23. 8. Trial decision at pp. 5 and 6. 9. Trial decision at pp.7 and 8. 10. [2004] O.T.C. 911 (S.C.), aff'd (2005), 200 O.A.C. 64 (C.A.). 11. Ibid., at para. 33. 12. Trial transcript at p. 147. [End of document] in 0.0000in 0.0000in;text-indent:0.0000in;">[24] Althoug......
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R. v. Nowlan (T.W.), (2007) 319 N.B.R.(2d) 82 (TD)
...304; 15 C.C.C.(3d) 506 (C.A.), dist. [para. 15]. R. v. Lessard, 2004 CarswellQue 1182, dist. [para. 15]. R. v. Dobrowolski (D.) (2005), 200 O.A.C. 64 (C.A.), dist. [para. R. v. Gilbert (T.) (1994), 74 O.A.C. 56; 92 C.C.C.(3d) 266 (C.A.), refd to. [para. 26]. R. v. Carter (1985), 7 O.A.C. 34......
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R. v. Beseiso (A.M.), 2012 ONSC 1847
...1 S.C.R. 903, at para. 23. 8. Trial decision at pp. 5 and 6. 9. Trial decision at pp.7 and 8. 10. [2004] O.T.C. 911 (S.C.), aff'd (2005), 200 O.A.C. 64 (C.A.). 11. Ibid., at para. 33. 12. Trial transcript at p. 147. [End of document] in 0.0000in 0.0000in;text-indent:0.0000in;">[24] Althoug......
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R. v. Nowlan (T.W.), (2007) 319 N.B.R.(2d) 82 (TD)
...304; 15 C.C.C.(3d) 506 (C.A.), dist. [para. 15]. R. v. Lessard, 2004 CarswellQue 1182, dist. [para. 15]. R. v. Dobrowolski (D.) (2005), 200 O.A.C. 64 (C.A.), dist. [para. R. v. Gilbert (T.) (1994), 74 O.A.C. 56; 92 C.C.C.(3d) 266 (C.A.), refd to. [para. 26]. R. v. Carter (1985), 7 O.A.C. 34......