Client acquitted of leaving the scene of an accident and Crown staying proceedings mid-trial in relation to over .08 charge due to apparent violation of the right to counsel. Client struck taxi causing an alleged $3000 worth of damage and continued on for approximately 30 seconds without stopping, not obeying police siren and lights. Client driving heavy welding truck in crowded parking lot. Court not satisfied that he was aware that he had struck a vehicle as no police or expert evidence called to show extent of damage. Video evidence from police dash cam did not convince Court that impact was serious enough to bring it to the attention of driver. Further client testified and Court could not disbelieve his evidence as to lack of knowledge. Client was convicted of impaired driving however, based largely on the accepted evidence of the police officer that, in addition to some other minor symptoms of impairment, he had fallen off a stool in the detachment phone room for no apparent reason.
July 2, 2010