R. v. Bacon

R. v. Bacon

On the totality of direct witness observations, certified DRE evaluation, breath test (20 mg/100 ml) and toxicological analysis (lorazepam and cocaine in urine), the Crown proved beyond a reasonable doubt that the accused's ability to operate a motor vehicle was impaired to some extent by alcohol and/or drugs (in combination with self-induced fatigue); accordingly the accused was guilty of care or control while impaired contrary to s.253(1)(a) Criminal Code.

Citation
2019 NSPC 32
Parties
Crown: Her Majesty the Queen; Accused: Gregory Bacon
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
12 July 2019
Procedural Posture
Criminal / Trial Judgment
Outcome
Guilty of care or control of a motor vehicle while ability to operate was impaired contrary to s.253(1)(a) Criminal Code
Legal Topics
Impaired Operation of a Motor Vehicle, Care or Control, Drug Recognition Evaluation (dre), Section 253(1)(a) Criminal Code, Section 254(3.1) Criminal Code, Toxicology/urinalysis
Source Language
English
Criminal Law Traffic/driving Offences Forensic Toxicology Evidence Impaired Operation of a Motor Vehicle Care or Control Drug Recognition Evaluation (dre) Section 253(1)(a) Criminal Code +2 more

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Parties

Her Majesty the Queen

Crown

Gregory Bacon

Accused

Procedural Posture

Criminal / Trial Judgment

Legal Issues

  1. 1 Whether the Crown proved beyond a reasonable doubt that the accused's ability to operate a motor vehicle was impaired by alcohol and/or drugs at the time of driving
  2. 2 Whether DRE observations, breath test and toxicology evidence were reliable and attributable to drug/alcohol impairment rather than mere fatigue or post-accident shock
  3. 3 Whether the presence of drugs/metabolites in urine permits an inference as to timing or degree of impairment

Ratio Decidendi

On the totality of direct witness observations, certified DRE evaluation, breath test (20 mg/100 ml) and toxicological analysis (lorazepam and cocaine in urine), the Crown proved beyond a reasonable doubt that the accused's ability to operate a motor vehicle was impaired to some extent by alcohol and/or drugs (in combination with self-induced fatigue); accordingly the accused was guilty of care or control while impaired contrary to s.253(1)(a) Criminal Code.

Court Disposition

Guilty of care or control of a motor vehicle while ability to operate was impaired contrary to s.253(1)(a) Criminal Code

Orders

  • Found guilty of care or control while impaired contrary to s.253(1)(a) Criminal Code