2 total
Defendant sentenced to 12 months in custody for impaired driving causing bodily harm to two victims.
The defendant appeared for sentencing on two counts of impaired driving causing bodily harm.
The defendant drove his vehicle into oncoming traffic, striking two vehicles and injuring two individuals.
His blood alcohol concentration was between 155 and 200 mg/100ml.
The Crown sought 12 to 15 months in custody, while the defence proposed 6 to 8 months.
Emphasizing general deterrence and the severe consequences of impaired driving, the court sentenced the defendant to 12 months in custody, followed by two years of probation and a three-year driving prohibition.
The impaired driving charge was dismissed because unreliable eyewitness identification evidence left a reasonable doubt regarding who was driving.
The accused was charged with operating a motor vehicle while impaired by alcohol contrary to s. 253(1)(a) of the Criminal Code.
A retired police officer discovered a vehicle in a ditch and spoke with two women at the scene.
The Crown's case rested primarily on eyewitness identification by the witness, circumstantial evidence, and alleged admissions by the accused.
The defence conceded the accused had been drinking but contested whether she was the driver.
The court found the eyewitness identification unreliable due to poor observation conditions, lack of corroborating details, and material discrepancies between the witness's description and the accused's appearance.
The charge was dismissed due to reasonable doubt as to identity.
