A person who the police later believed was Mika was driving along Highway 7 in the City of Ottawa heading towards Carleton Place in December 1997. After swerving into the oncoming lane a few times and then continuing in the oncoming lane for 2-3 kilometres (presumably without realizing) as oncoming cars took the shoulder to avoid a collision, the driver of the vehicle failed to negotiate a turn near Stittsville and the car ended up down an embankment in the ditch.
This was all witnessed by a husband and wife in a car that attempted to keep up with the lead car. They arrived shortly after the vehicle left the road. They later testified that they saw a black man get out of the driver’s side of the vehicle. That person staggered up the hill onto the roadway.
The police arrived shortly thereafter and having smelled alcohol on the driver’s breath, arrested the driver for impaired driving and dangerous driving. The person identified themselves at that time as “Colin Mirsky”.
Back at the station, the officer saw that the vehicle was registered to “Mika”. When asked to empty his pockets, this individual pulled out a Canadian Tire card in the name of Mika. When asked who Mika was, the person indicated that it was himself.
The individual’s identity was not confirmed by photo id. That person was asked to provide a sample of his breath and did. Readings were 208 and 205 mg of alcohol in 100ml of blood.
The individual was released on a promise to appear with a court date in January 1998. That individual never showed up for court. A bench warrant issued in the name of Mika.
In 2006, Mika was arrested when he returned to Ottawa. Mika recently had a trial. The Crown had its witnesses and Mika brought a Charter motion to exclude evidence of the breath readings. The driver of the following car, nor the police officer could say whether Mika was the same person they had seen in 1997.
Result – Mika was acquitted because there was no direct evidence that the person standing trial and the driver of the vehicle were the same person.