Pubdate: Wed, 29 Mar 2006
Source: Ottawa Citizen (CN ON)
Copyright: 2006 The Ottawa Citizen
Contact:  http://www.canada.com/ottawa/ottawacitizen/
Details: http://www.mapinc.org/media/326
Author: Tony Lofaro
Bookmark: http://www.mapinc.org/mjcn.htm (Cannabis - Canada)
Bookmark: http://www.mapinc.org/find?224 (Cannabis and Driving)

LACK OF SCIENCE CITED IN IMPAIRMENT ACQUITTAL

Marijuana's Effect On Driver In Question

An Ontario Court judge has acquitted a Richmond man of impaired
driving due to drug consumption because there is no "scientific
evidence" to support the effect marijuana has on operating a vehicle.

Ontario Court Justice Richard Lajoie said yesterday proof of
consumption and the effect of consumption had not been proven in the
case against Steven Ayotte, 33, in connection with a May 1, 2005,
Dunrobin-area incident.

Judge Lajoie said a reasonable doubt had remained whether Mr. Ayotte's
erratic behaviour was due to smoking marijuana.

Outside the court, Mr. Ayotte's lawyer, Dominique Smith, said, "We
don't have the same tests in place that we do for persons who may be
impaired by alcohol. There are no roadside screening devices for
marijuana, so that's really the difficult situation the court is in
with respect to impairment by way of drugs."

For his part, Mr. Ayotte said he wants to put the ordeal behind
him.

"I think (the judge's decision) was very fair and now I can move on,"
Mr. Ayotte said moments after the judge's ruling.

Mr. Ayotte said the trial was particularly embarrassing for him,
especially after he was branded a "midnight toker" in a tabloid
newspaper headline.

Court heard yesterday that Mr. Ayotte had become lost on May 1, 2005,
after leaving a friend's home in Perth on his way to Smiths Falls.

Mr. Ayotte said he had taken some back roads and ended up in the
Dunrobin area, where he had a flat tire and stopped at several homes
to get assistance. One resident called police when Mr. Ayotte would
not leave.

He told the court he was tired, stressed, not sleeping well, taking
anti-depressants at the time and dealing with the breakup of a long
common-law relationship.

Const. Michael O'Reilly, the officer who responded to the call, said
there was something not right about Mr. Ayotte and described him in
court as being "wasted" and felt that he should not be driving his
vehicle. Mr. O'Reilly arrested Mr. Ayotte and was driving him to the
police station.

When the accused started to complain about feeling ill, he was taken
to hospital instead.

At the hospital, Mr. O'Reilly said in previous testimony, he noticed
an odour of marijuana coming from the accused, although he had not
smelled the odour at the scene in Dunrobin.

Mr. O'Reilly testified that Mr. Ayotte told him he had smoked a
"couple of joints."

However, in his testimony yesterday, Mr. Ayotte said he had not smoked
marijuana for quite some time.

Mr. Smith said the case boiled down to whether the observations made
by a police officer of the accused on that night can be established of
being conclusive of impairment. 
- ---
MAP posted-by: Tom