Dr. Marie Elliott

The accused was charged with impaired operation of a motor vehicle.

Private investigators observed the accused driving erratically and called 911.

The arresting officer stopped the accused and noted an odour of alcohol, but no physical signs of intoxication.

Breath tests revealed a blood alcohol concentration significantly over the legal limit.

A forensic toxicologist testified that anyone with such readings would have an impaired ability to drive.

The court found that despite the lack of physical symptoms, the erratic driving and expert evidence proved beyond a reasonable doubt that the accused's ability to drive was impaired.

Elias Osman was convicted by a jury of impaired driving causing death and criminal negligence causing death after a crash killed his friend.

The court considered aggravating factors, including high blood alcohol content and high speed, and mitigating factors, such as the offender's youth, lack of prior record, community support, genuine remorse, and significant personal injuries from the crash.

The judge found that the victim's act of grabbing the steering wheel was an intervening act, but Osman's impairment and negligence were still significant contributing causes of death.

The primary sentencing principles of general deterrence and denunciation were balanced with rehabilitation and parity.

A sentence of 5 years in penitentiary was imposed concurrently for both counts, along with a 7-year driving prohibition and a no-contact order.