1. Case Name:
R. v. Balasubramaniam
Between
Her Majesty the Queen, and
Pragalathan Balasubramaniam
[2008] O.J. No. 6015
Infraction No. 06-13133
Ontario Court of Justice
Brampton, Ontario
J. Kerrigan-Brownridge J.
Oral judgment: June 2, 2008.
(6 paras.)
Counsel:
E. Pecorella, Counsel for the Crown.
M. Riddell, Counsel for the Defendant.
REASONS FOR JUDGMENT
1 J. KERRIGAN-BROWNRIDGE J. (orally):-- Having considered the evidence provided in
the trial today and considered the case law to which counsel have referred me, court finds on the
evidence of the Crown that the Officers Cranley and Kinna had been dispatched to the intersection
of Kennedy Road and Eglinton Avenue on September l7th, 06 in the early hours of the morning and
found the accused slumped over the steering wheel of his motor vehicle, a green Honda, which was
stopped in the middle of the intersection facing southbound on Kennedy Road, with the keys in the
ignition and the engine running.
2 Officer Cranley's evidence is that the driver, who is identified as the accused before the court,
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2. had his eyes closed and head against the driver's window and when she approached - when she
approached the vehicle. When she knocked on the window of the car, the accused did not respond.
It was only when the officer opened the driver's door and reached over him to turn off the ignition
that he was startled and woke up, his foot hitting the gas and the car moving forward. The accused's
motor vehicle was stopped when Officer Kinna reached in the passenger side of the car and pulled
the hand brake.
3 Officer Cranley smelled the odour of alcohol emanating from the accused's breath and observed
his eyes red and watery. Officer Kinna noted an odour of alcohol coming from the motor vehicle.
When Officer Cranley advised the accused that he was under arrest for impaired driving he did not
respond right away.
4 The officers helped him get out of the car, and Officer Cranley described the accused as being a
dead weight necessitating the officers placing him on the ground to put the handcuffs on him.
Thereafter the officers, supporting the accused, escorted him to Officer Cranley's cruiser. Her
evidence is that when placed in the cruiser the accused became quite talkative and was laughing.
5 While the evidence given is consistent, in the view of the court, with the accused being
impaired, the court finds that the evidence equally supports that the accused fell asleep at the wheel
and when the officer leaned over him to turn off the ignition he awoke and was startled and his foot
inadvertently hit the gas peddle. When told he was under arrest he was unresponsive due to not
being fully awake. His eyes may have been red and watery from sleeping; his body a dead weight as
he was not fully awake. And for the same reason he could not stand on his own and needed the
assistance of the officers to his cruiser. Once put in the cruiser he became alert and talkative and
was laughing which is consistent with him waking up. The - with him being fully awake.
6 The evidence of alcohol on his breath is certainly one of the indicia to consider in the
circumstances, but by itself is merely evidence of recent consumption. Other than the alcohol on his
breath the other indicia as aforementioned are equally consistent with him being asleep at the wheel.
The court has also looked at the fact that Officer Cranley did not have in her notes that the accused's
speech was slurred, that his eyes were bloodshot, and that he was incoherent or unresponsive after
waking up. Officers - Officer Kinna's notes were - were sparse. In considering all of the evidence,
the court finds that the Crown has not proven its case beyond a reasonable doubt and find him not
guilty.
qp/s/qlacx/qlpmg
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