Mr. M. Evans

The defendant, Kevin Lachnit, was tried on charges of impaired operation of a conveyance and operating a conveyance with a blood alcohol level exceeding the legal limit, following a collision involving a dirt bike and a parked Jeep.

The court excluded evidence related to the "over 80" charge due to a Charter violation (right to counsel).

The Crown proceeded solely on the impaired operation charge.

The court found that while alcohol consumption was evident, the Crown failed to prove beyond a reasonable doubt that the defendant's ability to operate the conveyance was impaired by alcohol, given alternative explanations for the collision.

The charges were dismissed.

The defendant was charged with operating a motor vehicle while impaired by a drug.

The Crown alleged the offence occurred on June 19, 2016 in Niagara Falls.

The defendant was stopped by police after driving with a flat tire and exhibited signs of impairment.

Testing confirmed impairment from marijuana and alprazolam.

The defendant claimed involuntary intoxication, arguing he consumed only marijuana and did not intend to drive.

The court found the defendant guilty, holding that even where involuntary intoxication occurs, if an accused becomes aware of their impaired state before driving, they cannot escape liability if they choose to operate a motor vehicle while still impaired.

The video-recorded police station conversation established the defendant's awareness of his impaired condition and his decision to drive despite knowing he was impaired.