Driver ‘stone-cold sober’ at time of deadly crash: lawyer

In closing submissions at Maxime Morin Leblanc’s drunk-driving trial Wednesday, his lawyer reminded the jury the evidence shows his client was “church-mouse sober” and had only three bottles of beer over eight hours before he struck and killed Alexandra Dodger, a 27-year-old law school grad who was crossing St. Patrick Street around 3:30 a.m.

Top defence lawyer Lorne Goldstein detailed the events leading to the deadly 2011 crash. His client had turned the wrong way down the one-way street and had swerved to avoid an oncoming car.

The court heard that he didn’t want to swerve into the sidewalk, so he swerved the other way and hit and killed Dodger, who had recently moved to Ottawa to start an articling job.

His split-second reactions, his lawyer told the jury, were executed by a “stone-cold sober” 28-year-old man.

The jury also heard that Morin Leblanc immediately identified himself to police as the driver, said sorry and explained that he swerved to avoid the oncoming headlights, and in retrospect said, “I should have hit the car.”

Goldstein said in all of his interactions with police after the crash, he didn’t sway, stumble or slur his words.

His eyes were noted by police to be glossy, but Goldstein pointed out that his client had been wearing contacts for too long and cigarette smoke had irritated them.

The court has also heard that witnesses testified that they didn’t recall Morin Leblanc drinking or even holding a beer during their night on the town to celebrate a friend’s birthday.

Goldstein also told the jury that the “opportunity to consume is not evidence of consumption.”

The court heard that Morin Leblanc didn’t know it was a one-way street until he got out of the car. He used to always walk to the ByWard Market, but on this night, he was driving and didn’t realize he had turned the wrong way down St. Patrick, which has a one-way and a twoway stretch on either side of King Edward Avenue.

The lawyer also noted that the jury cannot fill in the gaps with “guesses and hunches” in the absence of evidence. The lawyer said there is no proof beyond a reasonable doubt that his client was impaired. It was an accident, he said, and he also wondered aloud about how many people have driven the wrong way down a one-way street.

Morin Leblanc has pleaded not guilty to charges of criminal negligence causing death, impaired driving and refusing to provide a breath sample at the police station.

The Crown will make its closing submissions Thursday morning at the Elgin Street courthouse.