The appellant, suffering from Type 1 Diabetes, appealed convictions for impaired driving, driving over .08, and failing to stop for police.
She raised a defence of necessity, arguing her actions were due to hypoglycemia.
The trial judge rejected her evidence and that of her expert endocrinologist, Dr. Silverman, finding no imminent risk or lack of reasonable alternatives.
The appeal court found the trial judge's rejection of the expert evidence unreasonable and her analysis of the cause of impairment incomplete, constituting a palpable and overriding error.
