APPEALS - RELEASE PENDING APPEAL DENIED
Sunday, February 4, 2018 at 7:13AM Mr. Rhodenizer appealed his conviction for having caused an accident resulting in death while operating a motor vehicle while over .08. He was sentenced to three and a half years incarceration in June of 2017 and his appeal is set to be heard in June of 2018. His application to be released on bail pending the appeal was denied by the Alberta Court of Appeal:
The Crown pointed to the fact that the applicant had a prior conviction for driving while being over .08, a mere two and a half years prior to the predicate offence. The Crown argued that the circumstances surrounding the predicate offence were particularly egregious. The applicant was not only over .08; but there was evidence to suggest that he was actually drinking while driving. An open case of beer was found in the applicant’s truck with five cans missing, two of which were found in the driver door pocket. R. v. Rhodenizer, 2018 ABCA 27