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A man is in custody after an accident that saw his vehicle end up in a Vaughan cemetery, according to York Regional Police. Ontario authorities arrested the man on suspicion of impaired driving after the early June collision. A court date was not reported for his case.
The arrest record states that police responded to reports of a single-vehicle crash in Vaughan. Upon arrival they found a single car had left the road near Beechwood Cemetery and struck a tree. Four people in the car suffered injuries, though the extent of those injuries has not been made public at this time. They were transported to a local hospital, though none of the injuries were considered life-threatening.
The 44-year-old male driver of the vehicle was arrested after officers on the scene said they smelled alcohol on his breath. He was taken to a local hospital for treatment, where he reportedly failed a breath test. He now stands charged with impaired driving, among several lesser traffic charges.
In impaired driving cases, it can sometimes be difficult to prove a driver was drunk at the time of the accident. A number of factors can influence how alcohol is metabolize by the body, which means that a breath test taken a sufficient amount of time following an accident could generate a “false positive” in which the driver blows over the limit but was not actually intoxicated at the time of the crash. Criminal defense representation will likely want to review the arrest record to determine whether this could be true in this case. If it is, or if other issues regarding the testing are properly documented, the breath test evidence could be ruled inadmissible in an Ontario court.
Source: yorkregion.com, “Impaired driver, 44, strikes tree in Vaughan cemetery, hurts 4: police“, Tim Kelly, June 12, 2017