Judge blames police actions in 2023 drunk-driving arrest for acquitting man convicted in fatal 2008 impaired crash

A Manitoba man whose conviction for impaired driving causing death set a sentencing benchmark in the province 16 years ago has been acquitted of impaired driving and refusing to comply with a breath demand after a judge ruled police violated his Charter rights.

City police arrested 57-year-old Hugo Ruizfuentes in October 2023 after seeing him driving a Chevrolet Impala at 2:45 a.m. in the wrong direction in a bus lane on Fort Street, which is a one-way street.

In a written decision released earlier this year, provincial court Judge Catherine Carlson ruled that a police demand Ruizfuentes provide a breath sample “did not comply with statutory requirements” and that police violated his right to legal counsel without delay.

“Overall, Mr. Ruizfuentes’ evidence that he was not impaired by alcohol while driving and that he did not intend to refuse to provide a sample leave me with reasonable doubt as to his guilt on both charges,” Carlson said.

Police testified at trial that after pulling Ruizfuentes over, they found him in the company of a “very intoxicated and belligerent” male passenger. On the floor of the passenger seat was a partially empty bottle of tequila and some beer.

Police officers testified they made a demand Ruizfuentes provide a breath sample at the scene, but didn’t proceed with the test, saying a faint smell of alcohol on his breath and slight unsteadiness on his feet satisfied them that he was impaired by alcohol.

Police arrested Ruizfuentes and 10 minutes later made a breath demand, which they said he refused. They said they advised Ruizfuentes of his right to counsel and he declined.

But under cross-examination, an officer, referring to his arrest notes, said that when Ruizfuentes was asked to provide a breath sample he replied: “I know, let’s go.”

Ruizfuentes testified he twice refused to provide a breath sample, but was confused because he had earlier agreed to the test. He said when police told him he would be charged he agreed to the test, saying: “I know, let’s go.”

Carlson said police breached Ruizfuentes’ Charter rights when they did not advise him of his right to counsel immediately after his arrest and not before issuing the breath demand.

“Mr. Ruizfuentes was under arrest at 2:50 a.m.,” Carlson said. “At that time, he was required to be advised of his right to counsel.… It is entirely contrary to the rationale of (the Charter) to not tell a person under arrest who is provided the breath demand that he can speak to a lawyer before he provides a response that is acted upon. A person is entitled to the opportunity to get legal advice before deciding whether to comply with the demand or not.”

Carlson said it was irrelevant that Ruizfuentes declined counsel after the breach occurred.

“Mr. Ruizfuentes was not provided the information that he could speak to counsel before being essentially being asked to incriminate himself by responding to the breath demand,” Carlson said.

In 2009, Ruizfuentes was sentenced to six years in prison and handed a 15-year driving prohibition for a December 2008 drunk-driving crash that killed 63-year-old Elaine Stoller.

The sentence was later reduced to 4 1/2 years and the driving ban slashed to 7 1/2 years after Manitoba’s Court of Appeal ruled the sentencing judge placed too much emphasis on Ruizfuentes’ Highway Traffic Act record.

Stoller was killed while driving through the intersection of Grant Avenue and Waverley Street. A witness told police Ruizfuentes ran three consecutive red lights and was speeding before hitting Stoller’s vehicle, which had the right of way. Police tested Ruizfuentes three hours after the crash and found his blood-alcohol content was .12, 50 per cent higher than the legal limit of .08.

dean.pritchard@freepress.mb.ca