The accused was charged with impaired driving contrary to section 253(1)(a) and (b) of the Criminal Code, and with having a blood alcohol concentration above zero while licensed as a novice driver contrary to section 44.1(3) of the Highway Traffic Act.
The Crown alleged the accused drove his vehicle into a tree while impaired by alcohol.
The defence argued the accused had not consumed alcohol prior to the accident but had consumed a large quantity of vodka immediately after the accident.
The court rejected the defence evidence as contrived and illogical, finding the accused's blood alcohol content at the time of driving was between 290-335 milligrams per 100 millilitres of blood.
The court convicted on the impaired driving charge and the Highway Traffic Act charge, staying the section 253(1)(a) charge.
