The accused was charged with impaired driving causing death and bodily harm, and driving over 80 causing death and bodily harm, following a fatal intersection collision.
The court found that the accused's ability to drive was impaired by alcohol and that his blood alcohol concentration was over the legal limit, rejecting defence arguments regarding the maintenance and operation of the breathalyzer instrument.
However, the court acquitted the accused of the charges relating to causing death and bodily harm, finding that the collision was caused by the other driver proceeding into the intersection when it was unsafe to do so.
The accused was convicted of the lesser included offence of impaired driving, with the over 80 charge stayed.
