Sabastian Prosa says his charter rights have been breached because a blood sample — taken shortly after he crashed head-on into a minivan carrying 49-year-old Neil Wijeratne and his daughter, Eleesha Wijeratne, 16 — cannot be independently tested.
Prosa was admitted to St. Michael's Hospital shortly after the August 2012 crash on Highway 427, where a blood sample was taken and forwarded to the province's Centre for Forensic Science.
Testing found he had about twice the legal limit of alcohol in his system.
Prosa's lawyer, Alan Gold, asked the centre to send him what was left of the sample for further testing, but the tube was improperly sealed and leaked in transit.
He wants all 12 charges, which include two counts of impaired driving causing death, dropped.
Prosa, whose trial continued today in Toronto, does not dispute he'd had too much to drink.
When asked by an arresting officer if he'd taken drugs or alcohol, Prosa answered "I drank a lot," according to an agreed-upon statement of facts.
When asked how much, Prosa repeated, "A lot."
The judge will hear all the evidence before deciding whether to toss the charges.
Prosa and several civilian witnesses will testify when the trial continues Wednesday.