Smoking Motorist Not Guilty of Impaired Driving

[boulder]

Pembroke, Ont. - An Ottawa Valley man who was pulled over while smoking a marijuana joint has been found not guilty of driving while impaired. Rick Reimer, a retired lawyer from Killaloe, Ont., has an exemption from Health Canada that allows him to smoke marijuana to help him with his multiple sclerosis.

 

In February 2002, he was pulled over for crossing the centre line. The officer noticed that he was smoking a joint and charged him with impaired driving.

 

But Reimer, who defended himself in the case, insists that marijuana does not impair his ability to drive.

 

"I know that I'm not guilty, I'm innocent and I hoped that the court would see it that way and I'm glad the court did," said Reimer.

 

Justice Bruce McPhee acquitted Reimer on Wednesday, but said his decision doesn't dismiss the idea that marijuana may impede some people's ability to drive.

 

He said he was not convinced that it was the marijuana and not Reimer's multiple sclerosis that caused him to swerve.

 

"We got a very fair trial from Justice McPhee," said assistant Crown attorney Mac Lindsay.

 

"As His Honour said, he was in a doubt as to the cause of the impairment here and therefore he was duty-bound to acquit, if that was his position," he said.

 

Reimer called several of his friends to testify in the case and they said they drive while smoking pot, too. Some said it made their driving better.

 

"The most important thing, in my opinion, that the judge said is that this is an area that needs a lot more scientific study. It also, in my opinion, needs a lot more democratic debate," said Reimer.

 

The Crown didn't say whether they would appeal the decision.

 

Source: Canadian Broadcasting Corporation

Published: Thursday, January 09, 2003