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Oral voir dire ruling admitting defence accident reconstruction reports despite Rule 11-6 objections, hearsay concerns, and alleged expert bias.
The court found Cole Macdonald guilty of two counts of impaired driving causing death after drug impairment evidence, witness observations, and reconstruction showed he crossed into oncoming traffic.
The court convicted the accused of impaired driving and over-80 offences causing bodily harm and death after finding his alcohol level and impairment caused the collision.
Trial judgment on fatal Highway 1 collision charges. The court found the driving objectively dangerous in black ice conditions, but not impairment beyond a reasonable doubt.
Trial judge accepted forensic toxicology retrograde extrapolation and accident reconstruction, disbelieved accused's account of post-accident drinking and other explanations, and found beyond a reasonable doubt that the accused was impaired at the time of the collision (estimated BAC ~1.49–1.99 at 9:15 p.m.) and that this impairment was a significant contributing cause of the collision and of the resulting bodily harm; accordingly the accused was convicted of the charged offences.
Source excerpt
The court found both drivers partly at fault in a Vancouver collision: the left-turning plaintiff failed to yield, while the defendant’s lane change, speed and lookout also contributed.
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