Warm ATV, keys in pocket not enough for impaired driving conviction
Circumstantial evidence in case of erratic driving seen by RCMP in Pangnirtung in 2022 leads to acquittal
A man in Pangnirtung was found not guilty of driving an ATV while impaired with alcohol in a decision released Wednesday morning by Justice Faiyaz Alibhai. (File photo)
A man has been found not guilty of driving an all-terrain vehicle in Pangnirtung while impaired, due to a lack of evidence.
The dismissed charge stems from a July 27, 2022, incident observed by RCMP officers during which a male driver of a green ATV was seen speeding erratically through the hamlet.
“There were a lot of pedestrians walking along the road and the ATV was speeding up the hill and the pedestrians, which included several children, were jumping out of the way,” states the decision by Justice Faiyaz Alibhai, released Wednesday.
The officers, who were 25 to 40 metres away at the time, estimated the ATV was travelling at between 60 to 80 kilometres per hour.
Officers decided they could not pursue the driver without risking danger to the public or themselves. They could not identify the driver of the ATV, who had his back to the officers as he sped away.
Five minutes later, the officers approached the accused in front of a residence.
The man was charged with impaired driving. He was also charged with dangerous driving, but that charge was dismissed on Nov. 28.
On the impaired driving charge, Alibhai dismissed circumstantial evidence which relied on the fact the accused was found less than one metre away from a green ATV, which had a warm motor, and he was carrying the vehicle’s keys in his pocket when he was approached by police.
He walked toward the officers and said, “You guys looking for me?” according to the court decision.
“Taken at its highest, that evidence is insufficient to establish guilt beyond a reasonable doubt,” Alibhai stated in his decision.
Do not take a lenient stance on this… Pangnirtung is a dry community despite the fact that alcohol is rampant. There is an incredible amount of impaired drivers causing damage to vehicles and pedestrians… do better.
Where are the keyboard warriors complaining about this guy getting away with a confirmed illegal action, that could have have catastrophic consequences. Earlier this week people where outraged when a couple of mentally compromised individuals were found guilty, but apparently did not receive the appropriate punishment. The selective outrage in society today is mind boggling
Looks like you get to be the ‘keyboard warrior’ for this one. Go on, embrace it, don’t waste time complaining that no one else is doing it. That just makes you sound juvenile honestly.