Citation: R. v. Dorafshar Date: 20130724 2013 BCPC 0243 File No: 57696-1 Registry: North Vancouver IN THE PROVINCIAL COURT OF BRITISH COLUMBIA REGINA v. FARID DORAFSHAR REASONS FOR JUDGMENT OF THE HONOURABLE JUDGE CHALLENGER Counsel for the Crown: L. Falloon Appearing on their own behalf: F. Dorafshar Place of Hearing: North Vancouver , B.C. Date of Judgment: July 24, 2013 [ 1 ] THE COURT: Well, Mr. Dorafshar, the charge before me is impaired by -- to operate -- the care and control of a motor vehicle while your ability to operate it was impaired by a drug. It says alcohol or drug in the ...

[ 2 ] But as you have heard, I have got the evidence of the civilian witness as to your driving; the evidence of the police that you were asleep when they came up to you, at least briefly, at least one full light cycle. And, then we have the process of the reasonable and probable grounds that we went through with Constable Smith and then Constable Susko which resulted in the urine analysis being done.

And, of course, the urine analysis came back with what has been referred to as a cocktail of substances. [ 3 ] And we do not need to know the level because, first of all, I have the toxicologist's evidence that, given your symptomology, you would have been impaired by some combination of those drugs in your system at the time; that they would have been alcohol -- or active at the time because, in particular, the state of your pupils. So the drug was in your system and active at the time.

And I do not need to know the amount because any amount can -- even the smallest amount can potentially impair a person's ability to operate a motor vehicle. And there is evidence that it did, in fact, impair your ability on this occasion because of the driving. So it is a bit different if there is not bad driving that I can look to, but in this case there is. [ 4 ] So I am satisfied on all of the evidence that the Crown has proved beyond a reasonable doubt that your ability to operate the motor vehicle was impaired by a drug or combination of drugs. [REASONS FOR JUDGMENT CONCLUDED]