The accused was charged with impaired operation of a motor vehicle on May 3, 2017.
The Crown alleged the accused operated a vehicle while impaired by alcohol based on observations of swerving driving behaviour and physical signs of impairment observed by police.
The defence argued the evidence was insufficient to prove impairment beyond a reasonable doubt.
The court found that while the accused had consumed alcohol and exhibited some signs consistent with impairment, the totality of evidence—including the absence of other driving impairment indicators, the reasonable explanation of the accused's condition as tiredness and shock at being awakened by police, and the rapid disappearance of apparent impairment signs—created a reasonable doubt.
The accused was acquitted.
