The appellant appealed her summary convictions for impaired driving and refusing to provide a breath sample.
She argued the trial judge erred by using her pre-trial silence against her, failing to stay the proceedings due to a destroyed cell bay videotape, and rejecting her defence of involuntary intoxication from mixing prescription drugs with alcohol.
The Superior Court found the trial judge erred in drawing an adverse inference from her silence but applied the curative proviso because the evidence of guilt was overwhelming.
The court also upheld the trial judge's findings that the lost videotape was only marginally relevant and that the appellant had the requisite mens rea.
The appeal was dismissed.
