Ottawa city councillor facing impaired driving charges has his blood-alcohol level readings and statements challenged by the defence team. The defence is seeking to exclude this crucial evidence due to alleged Charter rights violations. The evidence is vital to the Crown’s case against Matthew Luloff, who denies charges of impaired driving and exceeding the legal blood alcohol limit within two hours of driving.
During the trial, it was revealed that Luloff registered twice the legal limit on two breathalyzer tests at an Ottawa police cellblock after a witness reported a Jeep swerving on the road near Orléans. In a police video, Luloff mentioned eating at a Wendy’s restaurant before being arrested in his garage. This detail was the first evidence placing him in the Jeep, according to the court proceedings.
Luloff’s defence team, led by Lawrence Greenspon, argued in court about several alleged Charter breaches by the Ottawa police, including unauthorized entry, delayed rights to counsel, and conducting a warrantless search of Luloff’s belongings. They are pushing to have Luloff’s statements and the breathalyzer results excluded based on these breaches.
On the other hand, Crown lawyer Julian Daller defended the police actions, claiming they were acting in the interest of public safety. Daller emphasized the strong circumstantial evidence pointing to Luloff as the driver of the Jeep. The trial also highlighted discrepancies in the witness’s account of the events leading up to Luloff’s arrest, suggesting possible bias.
The trial concluded on Tuesday, and a decision from the judge is expected on February 27.
