Tag: RIDE

Due to a Global News crew filming a man who was pulled over, Kunal Gautam, at a RIDE check, a judge has acquitted his impaired driving charges.

The judge, Ontario Court Justice David Rose said in his statement that Gautam has been acquitted as a result of:

• No evidence to suggest that York Regional Police placed any restrictions on the Global News TV crew
• Kunal Gautam’s rights to counsel were violated and to be free from unreasonable search and seizure were infringed upon (Charter rights were violated)
• Publicizing of a fairly routine police alcohol driving interdiction program

Gautam blew two breath samples which came back at 152 and 146mg of alcohol in 100ml of blood. While he was on the phone with a lawyer, a camera operator even placed his camera at the window pointing directly at Gautam while he was in the phone booth, making him feel uncomfortable when asking the lawyer questions, which resulted in the right to counsel violation.

With the overwhelming effort of the Global News crew to gain access to the RIDE process and even interview Gautam during the segment, the judge had no choice but to exclude the blood alcohol content from evidence due to the violations, ultimately acquitting all of the charges against Gautam.

If you are in need of legal advice or representation, please contact the lawyers at Devry Smith Frank LLP. You may visit our website or contact us directly at 416-449-1400 for more information.

By: Nicolas Di Nardo

“This article is intended to inform and entertain. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.”