R. v. White

R. v. White

On the totality of the evidence — independent eyewitness accounts of unsteadiness and disorientation, the officer’s observation of a strong smell of alcohol, driving deficiencies and fumbling with keys — the Crown proved beyond a reasonable doubt that the defendant was under the influence of alcohol to some degree and that her ability to operate a motor vehicle was impaired.

Citation
2007 NSPC 61
Parties
Crown: Her Majesty the Queen; Defendant: Leanne Marie White
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
5 November 2007
Procedural Posture
Criminal / Trial Verdict
Outcome
Defendant found guilty of impaired driving
Legal Topics
Impaired Driving, Standard of Proof Beyond a Reasonable Doubt, Credibility of Witnesses, Effect of Disability on Assessment of Evidence
Source Language
English
Criminal Law Traffic/impaired Driving Evidence Impaired Driving Standard of Proof Beyond a Reasonable Doubt Credibility of Witnesses Effect of Disability on Assessment of Evidence

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Parties

Her Majesty the Queen

Crown

Leanne Marie White

Defendant

Procedural Posture

Criminal / Trial Verdict

Legal Issues

  1. 1 Whether the Crown proved beyond a reasonable doubt that the defendant’s ability to operate a motor vehicle was impaired by alcohol or a drug
  2. 2 Whether the defendant’s deafness and use of sign language could explain observed side‑to‑side movement and other conduct attributed to intoxication
  3. 3 How to weigh contemporaneous witness observations against later videotape evidence

Ratio Decidendi

On the totality of the evidence — independent eyewitness accounts of unsteadiness and disorientation, the officer’s observation of a strong smell of alcohol, driving deficiencies and fumbling with keys — the Crown proved beyond a reasonable doubt that the defendant was under the influence of alcohol to some degree and that her ability to operate a motor vehicle was impaired.

Court Disposition

Defendant found guilty of impaired driving

Orders

  • Defendant found guilty on the impaired driving charge (Criminal Code s.253)