A veteran Chatham-Kent police officer accused of drunk driving while off-duty will find out next month if he goes to trial or not.
A Charter application hearing for Bryan Vaughan, 52, of Chatham was held in Chatham court on Thursday after a motion was brought forward by his lawyer months ago, alleging a breach or breaches of Vaughan's Charter rights when he was arrested by fellow police officers at his home.
The judge heard arguments from his lawyer and the Crown and will make a decision December 7, 2023 on whether or not the case will move forward through the justice system.
At the centre of the challenge surrounding the charges is whether Vaughan was cautioned by police they were at his home investigating a fail to remain crash, whether officers were invited into his home by his wife or forced their way in, and if Vaughan was the actual impaired driver they were looking for.
The Charter guarantees people in Canada cannot face unreasonable searches and seizure of person or property.
If the Charter application is successful, the impaired driving charge could be in jeopardy. The trial could be stopped temporarily by the Crown or ended by a judge, or evidence could be excluded from the trial.
The 18-year veteran cop was charged with impaired driving after a single vehicle crash in Chatham on January 5, 2022.
At the time, Chatham-Kent police said officers were called to the scene on Howard Road near Indian Creek Road at around 7 p.m., adding the driver, an off-duty officer, had left the scene by the time police arrived.
Vaughan was arrested at his home and charged with having a blood alcohol content over the legal limit and failing to report an accident, police said.
According to police, he was later released from custody and has been re-assigned to administrative duties.