Sleepy woman not guilty of dangerous driving: judge

REGINA — A woman who fell asleep at the wheel moments before a fatal car crash two years ago has been found not guilty of dangerous driving causing death.

On Thursday, Regina Court of Queen’s Bench Justice Catherine Dawson ruled that it was not reasonable that Marilyn Hunter, 34, should have foreseen the risk of falling asleep while driving. Given that, it was also not reasonable to expect Hunter to take steps to avoid that risk, Dawson ruled.

“In my view, the law requires something more to establish objectively dangerous driving. Criminal culpability cannot be found beyond a reasonable doubt,” the judge found.

“I am not satisfied that the accused’s failure to perceive a risk and take steps to avoid it was a marked departure from the standard of care expected of a reasonable person. I have a reasonable doubt, and that doubt must be resolved in favour of the accused.”

Sitting in the prisoner’s box, Hunter hung her head and often trembled as Dawson read her decision to the court.

Hunter was driving from Regina to the Muskowekwan First Nation around 5:45 a.m. on April 22, 2012 when her vehicle rolled off Highway 15 east of Punnichy and into a ditch. One of her passengers, 22-year-old Ryan Dubois, was killed. Hunter and another passenger sustained non-life-threatening injuries.

Besides dangerous driving causing death, Hunter was originally charged with drunk driving causing death.

Although she had been drinking the previous evening, there was no evidence that she was driving with a blood-alcohol level over the legal limit, Dawson ruled. She also found Hunter not guilty of that charge.

On May 28, Dawson determined that Hunter’s Charter rights were violated because an RCMP officer didn’t have reasonable and probable grounds to demand a breath or blood sample. When it was taken several hours after the crash, Hunter’s blood-alcohol measured .097, court heard.

Dawson said she accepted that Hunter felt tired driving and her eyes closed near the turnoff to Raymore — 15 kilometres before the crash scene. However, before and after the Raymore turnoff, there was no evidence before the court that Hunter felt tired, Dawson ruled.

Court heard no evidence that Hunter was driving recklessly or swerving on the highway prior to the crash. Her speed was estimated at between 55 and 64 km/h — less than the maximum speed limit.

After the decision, Wiebe declined to comment on whether the Crown will appeal, but did say the case will be looked at.