Blood and breath samples will not be excluded in Calvin Crosby Trial
An SUV involved in a fatal collision on Lauzon Parkway in Windsor, Ont. sits on its roof early Friday, April 4, 2014. (Chris Campbell/ CTV Windsor)
Blood and breath samples will not be excluded in the Calvin Crosby impaired driving trial.
Justice Stephen Rogin ruled in favour of the Crown on Thursday.
Defence lawyer John Sitter asked the court to throw out the breath and blood samples taken from Crosby in the hours after the crash.
The 25-year-old Crosby was the driver of an SUV in April 2014 that collided with a sedan on Lauzon Road claiming the life of 20-year-old Katie Robson.
Sitter also challenged whether Crosby was compelled to provide evidence against himself to tell police at the time that he was the driver of the SUV.
Justice Rogin told court that Crosby called 9-1-1 and identified himself as the driver. When Sgt. Kenneth Broekel arrived on scene and asked if he was the driver, Crosby said yes.
Rogin said he interpreted this as a preliminary question to assess the situation, not part of a report, thereby accepting the police evidence.
Officers on scene also testified about the alleged smell of alcohol on Crosby's breath and the fact he admitted to drinking, providing grounds to request a breath test.
That test was taken about two hours after the accident at the hospital and more than three hours after Crosby said he had his last alcoholic beverage. The Criminal Code of Canada requires a breath test be done within three hours.
In his ruling, Justice Rogin noted the time that lapsed between the first officer arriving on scene and when the screening device was administered was not too long given the unique circumstances.
The judge also ruled Crosby's charter rights were not violated when the sample was drawn.
That alcohol screening test registered a fail and Crosby was arrested, read his rights and given an opportunity to call a lawyer -- a right he declined.
The doctor on duty at the hospital then said Crosby was not fit to provide a breath sample.
The officer at the time did not read Crosby his rights again, which Justice Rogin said was a breach. But ruled it was not intentional or done with malice to impede Crosby's rights.
Robson's family has been in the court room for this week's trial and breathed a sigh of relief after Thursday’s ruling.
The trial adjourned early at the request of the defence to give Crosby time to consider his options. The trial is scheduled to resume at 10 a.m. Friday.