APPEALS - RELEASE PENDING APPEAL DENIED

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

HOLIDAY SEASON - SPOT CHECKS

In order to keep everyone safe during the holiday season, most police services increase the number of spot checks they conduct.  Some of them even give out rewards to sober drivers.  Happy Holidays!

RIDE Checks - Rewarding Responsible Driving : www.ridechecks.com

Police Hand Out Gift Cards To Thank Sober Drivers: www.ckom.com

STRENGTHENING IMPAIRED DRIVING LAWS - CHARTER STATEMENT

Parliament has proposed a number of changes to impaired driving legislation, and a Charter Statement has been released that describes those proposed changes. It reviews, among other things, mandatory alcohol screening and the admissibility of roadside statements: Bill C-46 Charter Statement

IMPAIRED CAUSING - EVAPORATION RATE OF ALCOHOL

Ms. Kraus was convicted of impaired causing bodily harm and dangerous driving causing bodily harm.  On appeal, the Crown conceded that the trial judge erred by taking judicial notice of the evaporation rate of alcohol (judicial notice “is taken of matters so notorious as to be common knowledge”). However the convictions were still upheld as: “the only conclusion on the overwhelming evidence is that the verdict would have been the same regardless.” R. v. Kraus, 2017 ONCA 458

SENTENCE - SIX YEARS FOR IMPAIRED CAUSING DEATH UPHELD

Ms. Stevens appealed both her conviction and sentence for impaired operation causing death and dangerous operation causing death.  The sentence appeal was dismissed as her sentence was "not outside the range of sentence appropriate for similar offenders who commit similar offences in similar circumstances." Her conviction appeal was also dismissed:

A toxicologist testified that at the time of the accident, Ms. Steven’s blood alcohol concentration was between 70 and 110 milligrams of alcohol per 100 millilitres of blood. There was also evidence that, at a blood alcohol concentration of 50 milligrams per 100 millilitres of blood, impairment of the ability to operate a motor vehicle becomes significant, at least in a scientific sense. R. v. Stevens, 2017 ONCA 686