The appellant appealed his convictions for impaired driving, dangerous operation, and failing to remain at the scene of an accident.
He argued the trial judge misapprehended toxicology evidence by rejecting his claim that he only consumed over-the-counter pain medication, failing to recognize that codeine (and its metabolites hydrocodone and morphine) can be found in such medication.
The Summary Conviction Appeal Court dismissed the appeal, finding no palpable and overriding error, as there was no evidence the specific medication ingested contained codeine, and the trial judge was not required to take judicial notice of that possibility.
