Coun. Matthew Luloff was found guilty as charged of impaired driving and registering a blood-alcohol level above the legal limit after a judge rejected several charter challenges raised by Luloff’s defence.
Ontario Court Justice Michael Boyce ruled there was proof beyond a reasonable doubt that Luloff was the driver of the Jeep that was seen swerving along Innes Road and said there was “powerful” evidence that he was impaired while driving.
Luloff’s defence team, led by veteran defence lawyer Lawrence Greenspon, had argued Luloff’s rights were violated by police on the night of his arrest when two officers arrived in his driveway just after midnight on July 6, 2024.
Police were investigating a complaint of erratic driving after a witness reported seeing Luloff’s Jeep hitting a curb, swerving and driving in a bicycle lane with the right signal blinking for about a minute.
The vehicle then took a sharp turn not a Wendy’s restaurant where the driver navigated the drive-thru lane and sat in the parking lot.
The breathalyzer technician’s test revealed that there were 160 and 170 milligrams per 100 millilitres of blood in two separate tests, while the legal limit is 80 milligrams.
Video of those tests
were ordered released by the judge.
Greenspon argued that the police officers breached Luloff’s charter rights because they did not obtain warrants to enter his property and search his satchel.
Greenspon also argued that the councillor’s rights were also breached when police were not forthcoming about why he was being arrested, or why he was taken to the Elgin Street police station.
Crown witness Marie Fedorchuk, the first witness to testify at Luloff’s trial in January, said she was returning home from work this night when her vehicle was nearly struck by the black Jeep.
She gave no description of the lone occupant to police when she called 9-1-1, but followed the driver home to the councillor’s residence in Orleans.
Luloff’s defence argued Fedorchuk exaggerated her testimony when she described the vehicle “flying over” speed bumps in the quiet residential neighbourhood.
Crown attorney Julian Daller countered by calling her a fair and credible witness.
In his decision Thursday, Boyce said her description of the events was “detailed” and she was “confident” in her testimony.
Luloff was ordered to surrender his driver’s licence as he was sentenced to a one-year driving prohibition and a fine of $3,500.
More to come.
— With files from Paula Tran
