The accused struck and killed a highly intoxicated pedestrian who was wandering on Highway 401 after being abandoned by a taxi driver.
The accused was charged with impaired driving causing death and 'over 80' causing death.
While the Crown proved the accused was impaired and had a blood-alcohol level over the legal limit, the court found the accused was not the legal cause of the death.
The pedestrian's unpredictable presence on the live lanes of the highway created an unavoidable hazard.
The accused was acquitted of the 'causing death' offences but convicted of the included offences of impaired driving and operating a vehicle while 'over 80'.
