R. v. J.C.

(Cochrane P.C. - Dangerous Driving and DUI). J.C. was charged with dangerous driving and impaired driving arising in the jurisdiction of Cochrane, Alberta.  In Canada, a critical component of every prosecution is that the Government bears the onus of proof beyond a reasonable doubt.  Involuntary intoxication by drugs or alcohol may be a defence to impaired driving. In JC's case, the defence of involuntary intoxication was at play because the accused unknowingly drank from a water bottle previously possessed by a third-party that contained suspected MDMA. As a result of involuntarily consuming the contaminated water and then unknowingly (at the time) driving while the drug worked through JC's body, the accused became ill. HAWC's helicopter was dispatched. The driving pattern was certainly careless but did not meet the standard of marked departure from the norm required for dangerous operation of a motor vehicle. JC was also administratively penalized. As a result of JC's evidence, the Prosecution fairly withdrew the charge just prior to trial. Impaired driving and dangerous driving cases in Alberta can carry serious consequences. If you need a qualified criminal driving lawyer in Alberta, call David Chow for a free initial telephone consultation.