By Troy Gillard (Twitter: @Troy_Gillard)

Woman found not guilty of impaired driving causing death

Nov 23, 2018 | 4:13 PM

A woman has been acquitted of drunk driving in relation to a fatal crash west of Red Deer last year.

Trial took place in September for Bobbi Crotty, 25, on one count of impaired driving causing death and three counts of impaired driving causing bodily harm for the crash on Highway 11A on the night of August 5, 2017.

Court heard Crotty’s vehicle, a Dodge Nitro, was travelling westbound in the left-hand lane and failed to merge right when the highway went from four lanes down to two. She hit a Mitsubishi Lancer head-on, which caused it to collide with a third vehicle, a Ford Escape.

A 36-year-old female passenger in the Mitsubishi died from her injuries suffered in the collision. Three others were injured.

The Crown’s case suffered a blow when a sample of Crotty’s blood taken at hospital following the crash was deemed inadmissible due to a violation of her charter rights.

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An RCMP officer testified during trial that Crotty admitted to having “two or three” drinks the night of the crash and that her breath smelled of “stale alcohol” during the three hours he spent with her. However, Justice Monica Bast said this was not enough convict Crotty because it only proved she consumed had alcohol, not that she was impaired.

Bast also noted Crotty showed no erratic driving behaviour and was not speeding at the time of the crash.

“This whole situation was a tragedy,” defence lawyer Maurice Collard said afterward, “but where passions are most inflamed, justice is most in jeopardy. We cannot allow tragedy to triumph over the Charter of Rights (and Freedoms) or the laws of evidence.

“Ms. Crotty looks forward to this matter being put behind her. She’s ecstatic with the verdict and she looks forward to moving on with her life.”

by Troy Gillard (Twitter: @Troy_Gillard)

Woman found not guilty of impaired driving causing death

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