J. H. Voss

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.

The appellant appealed a conviction for having care or control of a motor vehicle with a blood alcohol concentration exceeding the legal limit following a single-vehicle incident in which the vehicle came to rest on a snow bank.

The appeal raised numerous alleged errors including lack of reasonable grounds for arrest and breath demand, violations of Charter ss. 8 and 10(b), improper admission of statements, misapprehension of evidence, and insufficiency of reasons.

The court held that the arresting officer had reasonable grounds based on observed indicia of impairment and that the appellant had been properly advised of and declined her right to counsel.

The court also found that any potential misapprehension regarding the vehicle’s speed was peripheral and did not affect the outcome.

The conviction and sentence were therefore affirmed.