Judge throws out drunk driving charge against man assaulted by Toronto police officer

TORONTO – An Ontario judge has cleared a man on a drunk driving charge after finding that he was assaulted by a Toronto police officer while waiting to take a breathalyzer test after his arrest.

In a decision released earlier this month, Ontario Court Judge Joseph Bovard says the assault on Jong-Won Jung constituted a “very serious breach” of his rights and as a result, the test results cannot be admitted as evidence.

Bovard also said he could not believe the testimony of the two officers who carried out the arrest, calling it vague and evasive and suggesting they were “not forthright with the court.”

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He further noted that one of the officers, Const. Amanpreet Gill, “demonstrated a belligerent and demeaning attitude” towards Jung at times – for example, telling him to urinate in the back seat of the police cruiser when he expressed an urgent need for a bathroom.

Jung was arrested last year after he failed a late-night roadside breath test and both he and his girlfriend were taken to the police station.

The court decision says Jung took a first breath test at the station and was struck by Gill while waiting, handcuffed to a bench, to take a second test.