A Honda Civic was parked in an exit lane on the Gardiner Expressway in Toronto, and one tire was shredded off.
Officer St. Clair of the Toronto Police spoke with the defendant who was sitting in a dark SUV near the Honda. After the police arrived the male driver of the SUV soon left the scene in the vehicle.
Officer St. Clair “inferred” from the circumstances that the defendant had been driving the Honda Civic.
The officer did not specifically ask the defendant if she had been driving, but it was implicit in the defendant’s answers to the officer’s questions that she had been driving.
The accused testified, however, that she had not been operating the Honda, but her boyfriend had been the driver. The two of them had been arguing and after the problem with the tire, her boyfriend stopped the vehicle, became very angry and walked away from the vehicle, leaving her at the scene.
The defendant said that her boyfriend would have been even angrier if she had told the police about his involvement, because he had reasons for avoiding the police.
The accused was charged with Impaired Driving Care and Control.