SECTION 10(B) - IMPROPER USE OF ROADSIDE STATEMENT

A conviction for drunk driving was overturned because the trial judge improperly used a pre-10(b) roadside statement. The trial judge had to assess credibility in the context of a Charter voir dire. The officer testified that the accused asked to speak to duty counsel and the accused said he asked to speak to counsel of his choice. In ruling against the accused, the court said that the accused was not credible because he lied to the officer at the roadside when he said he had nothing to drink. Despite the fact that the evidence was only being use in the context of a Charter voir dire to assess credibility, it was still improper to use the pre-10(b) evidence against the accused. R. v. Brown, 2011 ONSC 6725