Decision in impaired driving case of ex-RCMP officer Ronald Cleveland delayed

A former RCMP officer in Moncton will have to wait another week to learn his fate on two impaired driving-related charges stemming from an incident more than three years ago.

A decision in the case of Ronald Cleveland, 49, was scheduled in Moncton provincial court for Wednesday afternoon.

But Judge Paul Duffie said he needed more time and set the matter over until June 2 at 11 a.m.

Cleveland, a former sergeant, was not present in court on Wednesday. Neither were the Crown prosecutor and defence lawyer.

Cleveland was arrested on March 21, 2014, and charged with operating a vehicle with a blood alcohol level over the legal limit and with operating a motor vehicle while impaired. He was on leave at the time.

During the trial, defence lawyer James Matheson argued Cleveland's failed breathalyzer results should be thrown out because his right to retain and instruct a lawyer without delay, and to be informed of that right, were violated by police on the night of his arrest.​

But Cleveland did speak to his lawyer that night, Crown prosecutor Claude Haché told the courtroom.

Haché also noted the arresting officer, Const. Joel Arsenault, concluded Cleveland was impaired, based on his behaviour during two interactions with him that day.

The first was in the morning, after the RCMP received a 911 call about a potentially impaired driver with a licence plate that matched Cleveland's, the trial heard.

Arsenault went to Cleveland's home, but he wasn't there, so he called his colleague to ask where he was. Cleveland told him he was at home, which Arsenault knew was false.

The second occasion occurred roadside, following Cleveland's return home.