Скачать или смотреть Case Study: Intervening Drink Defense

THE WHISKEY MICKEY DEFENSE: ACQUITTAL DESPITE 190 BAC READING!
How did consuming alcohol after driving lead to the dismissal of serious Impaired Operation charges?

This video overview details the successful use of the Intervening Drink Defense under Section 320.14(5) of the Criminal Code of Canada, which resulted in the acquittal of a client charged with Operation while Impaired – Excess BAC.

The Case Facts: The client was reported driving a black sedan around midnight on January 24, 2023. Police arrived shortly after the client ceased operation and entered their residence. Officers observed signs of impairment, including a strong odor of alcohol, slurred speech, and delayed answers, leading to an arrest.

The High Readings: Despite being arrested shortly after driving ceased, the subsequent breath samples taken showed results significantly over the legal limit of 80 mg/100mL. Test #1 was 190 mg/100mL and Test #2 was 180 mg/100mL.

The Strategic Defense: The defense hinged on satisfying the three criteria of the intervening drink defense by proving that the high readings were caused by alcohol consumed after driving. The key factual event was the client chugging a 375ml "mickey" of Canadian Club whiskey immediately after entering the residence, over approximately 5 to 10 minutes.

The Expert Evidence: The defense relied on a Forensic Toxicologist to provide expert opinion evidence regarding the pharmacological explanation. The toxicologist concluded that the massive post-driving consumption caused the client's BAC to rapidly rise during the absorption phase, peaking while the client was in custody. The expert's retrograde calculation showed the client was below 80 mg/100mL at the moment the conveyance was operated.

The Judge accepted the evidence from both the client and the Toxicologist, leading to the dismissal and acquittal of all charges.

Watch the full video to understand the three criteria for this crucial defense!

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