'Overestimation of ability and underestimation of risks': Toxicologist testifies in impaired driving trial
A toxicologist testified Thursday at the trial of a Desden, Ont. woman who is facing several charges, including impaired driving, in connection to a fatal collision.
Arielle Wall, 21, is on trial in relation to a single-vehicle crash on Longwoods Road, west of Lousiville that claimed the life of Gabrielle Emery, 19, also of Dresden, on April 12, 2021.
Wall has been charged with impaired driving causing death, operation while impaired over 80 (milligrams of alcohol in 100 millilitres of blood) causing death and dangerous operation causing death.
Rachelle Wallage, a forensic toxicologist with the Centre of Forensic Sciences testified remotely Thursday into a Chatham courtroom.
Wallage wrote a “letter of opinion” based on the results of three different tests — a blood sample, a serum sample and a breathalyzer test.
Using them, Wallage “projected” Wall’s blood alcohol concentration (BAC) at the time of the accident to be in the range of 58 to 127 mg of alcohol in 100 ml of blood.
Anything over 50 BAC, Wallage terms as “significant” impairment.
“In my opinion a person within that BAC would be impaired to operate a motor vehicle,” Wallage testified.
When asked what impact impairment has on a drivers’ ability, she said it results in “overestimation of ability and underestimation of risks” and “deterioration of the skill set.”
Assistant Crown attorney Nick Bazylko told the court on the night of the accident, it was midnight, thus very dark on the rural road, which has numerous bends and it had been raining so the road was wet.
Defence lawyer Ken Marley asked Wallage about other factors not included for consideration, like Wall’s tolerance or limitation for alcohol, whether or not she was on medications, or if she drank shortly before getting behind the wheel.
“I don’t know the drinking scenario,” Wallage testified.
Marley told the court he believes Wall’s BAC was lower at the time of the accident versus when the sample was taken, more than an hour later in hospital.
He noted the reports and testing don’t “account” for whether or not Wall was drinking within 15 minutes of driving.
Bazylko submitted 11 images of the crash scene into court as the final exhibit in his case.
Marley declined to call any evidence in his clients defence so closing arguments will be held Friday in court.
Once the criminal court case is concluded, Wall also faces charges of stunt driving and speeding under the Highway Traffic Act which Marley says will be dealt with a provincial offences court.
CTVNews.ca Top Stories
Young people 'tortured' if stolen vehicle operations fail, Montreal police tell MPs
One day after a Montreal police officer fired gunshots at a suspect in a stolen vehicle, senior officers were telling parliamentarians that organized crime groups are recruiting people as young as 15 in the city to steal cars so that they can be shipped overseas.
'It was joy': Trapped B.C. orca calf eats seal meat, putting rescue on hold
A rescue operation for an orca calf trapped in a remote tidal lagoon off Vancouver Island has been put on hold after it started eating seal meat thrown in the water for what is believed to be the first time.
Man sets self on fire outside New York court where Trump trial underway
A man set himself on fire on Friday outside the New York courthouse where Donald Trump's historic hush-money trial was taking place as jury selection wrapped up, but officials said he did not appear to have been targeting Trump.
Sask. father found guilty of withholding daughter to prevent her from getting COVID-19 vaccine
Michael Gordon Jackson, a Saskatchewan man accused of abducting his daughter to prevent her from getting a COVID-19 vaccine, has been found guilty for contravention of a custody order.
Mandisa, Grammy award-winning 'American Idol' alum, dead at 47
Soulful gospel artist Mandisa, a Grammy-winning singer who got her start as a contestant on 'American Idol' in 2006, has died, according to a statement on her verified social media. She was 47.
She set out to find a husband in a year. Then she matched with a guy on a dating app on the other side of the world
Scottish comedian Samantha Hannah was working on a comedy show about finding a husband when Toby Hunter came into her life. What happened next surprised them both.
B.C. judge orders shared dog custody for exes who both 'clearly love Stella'
In a first-of-its-kind ruling, a B.C. judge has awarded a former couple joint custody of their dog.
Saskatoon police to search landfill for remains of woman missing since 2020
Saskatoon police say they will begin searching the city’s landfill for the remains of Mackenzie Lee Trottier, who has been missing for more than three years.
Shivering for health: The myths and truths of ice baths explained
In a climate of social media-endorsed wellness rituals, plunging into cold water has promised to aid muscle recovery, enhance mental health and support immune system function. But the evidence of such benefits sits on thin ice, according to researchers.