Man acquitted on impaired driving charge near Sudbury, Ont., because of Charter breaches
CTV
Impaired driving charges against a Brampton, Ont., man have been dismissed after his lawyer successfully argued that his Charter rights were breached during his Sudbury-area arrest.
Impaired driving charges against a Brampton, Ont., man have been dismissed after his lawyer successfully argued that his Charter rights were breached during his Sudbury-area arrest.
While the man failed sobriety tests and was found to have an open bottle of liquor in his vehicle, the judge ruled that the rights violations were serious enough that the case should be thrown out.
Maninder Grewal was charged in July 2023 by the Ontario Provincial Police after he was spotted in his vehicle on an unpaved road just outside of Greater Sudbury.
His lawyer argued his Charter of Rights and Freedoms were violated, making six main arguments. The judge ruled his rights were violated on three of the six arguments: his right to pick any lawyer he wanted wasn't properly explained; his call with his lawyer was terminated prematurely by police; and, he was held in custody too long without justification.
As a result, Grewal was acquitted.
The case began in the afternoon of July 21, 2023, when an OPP officer saw Grewal's black Audi parked near the interchange of Highway 69 and Crooked Lake Road.
The officer noticed the brake lights flashing on an off and thought it was an odd location for someone to be parked. He decided to speak with the driver.
