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