Const. Anderson testified that police received a report of an erratic semi-truck driver on Highway 7. After locating the vehicle, he initiated a traffic stop. Video evidence submitted by the Crown showed the semi travelling with all driver-side tires over the solid yellow centre line.
Following the stop, Const. Anderson requested Rozin’s driver’s licence. Anderson testified that Rozin initially produced a card reading “Fast Express” before eventually providing his licence. Anderson then questioned Rozin about alcohol consumption, to which Rozin said he had not been drinking. Anderson proceeded to make a lawful demand for a breath sample.
During the interaction, Anderson was heard saying, “You had alcohol, I can smell it,” after which Rozin admitted to consuming a beer approximately 10 hours earlier.
The court reviewed video evidence showing 28 attempts to obtain a suitable breath sample using an approved screening device (ASD). The first three attempts were conducted while Rozin remained inside the semi, with Anderson stating Rozin was not blowing long enough to produce a valid sample. Rozin then exited the vehicle and made three additional attempts, all unsuccessful.[…]
Balabanian also questioned Anderson about Rozin not wearing shoes in the video. Anderson testified Rozin was wearing socks and slide sandals.
I won’t spoil the ending.
Based on the charge lodged and the description presented, I’d say the judge made the correct ruling. But I have to wonder if the constable also cited Rozin with any traffic violations. And based on the claimed health limitations, coupled with the driving over the line, is there any way to compel a physical exam of the driver to determine if he should retain his CDL?
He’ll just go to the doctor that cleared him in the first place, there are a lot of sketchy ones out there.
Based on the evidence that he was a recent immigrant from Ukraine, I’d say the judge strained all credibility on the ruling so he wouldn’t be convicted of a DUI and deported, per Canadian law.
Ukrainians are currently a protected species. I doubt that he would be deported even if he was caught trucking stolen children to an Epstein island somewhere. That said, even with all of Rozin’s good faith efforts, I’m surprised he was allowed to keep his licence. You can see the American’s wisdom in insisting that the operator of a potential death machine be proficient in the native tongue.
He likely had help getting his Class 1 licence. As for passing his medical, his doctor probably fudged the results. These shenanigans aren’t just by the Boys from Punjab.
A year or two ago, at a random stop, a Royal Canadian Mounted Gestapo had me blow. I told him I might have difficulty because of health reasons. I tried twice and did it. Without medical evidence the guy should have been found guilty. I suggest they appeal.
scarp
butt it’s Trump’s fault, he isn’t helping the Uke Nazis enough, don’t cha no!
L – Anyone issuing a CDL to someone not fluent in both written and spoken English should be committing an offence costing them their job. This should apply to failing the practical driving test, too. The level of corruption in government cost 16 citizens their lives and more were seriously injured. Who will answer for this? Who will ask?
Retuning to drivers having to pass their driving test with a manual transmission would solve a lot of the scams.