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.
