Drunk driving is one of the most avoidable contributors to #link(personal-injury,,personal injury) and death in Canada.  The choice to drink and drive has immeasurable consequences on society and many people have admitted to getting behind the wheel at some point while intoxicated.  It is a sad and dangerous habit that was brought to life with a trial that has been highly televised as of late.

A then 19-year-old young man (Sabastian Prosa) was the lone occupant of a GMC Envoy traveling south in the northbound lanes of Highway 427 just before 3 am on August 5^th 2012.  A family traveling in a Dodge Caravan who was returning from vacation was exiting onto the highway at the time and collided head-on with the Envoy that was driving in the wrong direction.

The minivan was being driven by Jayantha Wijeratne (age 49).  His 16-year-old daughter Eleesha Wijeratne and wife Antonette Wijeratne were in the vehicle with him at the time.  This tragic head-on collision killed both father and daughter instantly and left the mother/wife critically injured.  She survived her injuries but has remained affected both physically and mentally from the traumatic accident.

Sabastian Prosa himself suffered serious injury (a broken femur, ribs and a lung contusion) and was admitted into a hospital where he remained until turning himself over to the police.  He was charged with numerous offences (12 in total) including 2 counts of criminal negligence causing death and impaired driving causing bodily harm.  He has pleaded not guilty to all of the charges.

Prosa’s account of the events that led up to the accident was sketchy at best.  He remembers going to a friend’s house where he had four drinks then heading out to a bar for an unremembered number of drinks served in test-tubes.  He claims not to have any knowledge of how he got to the bar, what transpired at the bar or how he ended up driving in the wrong direction on Highway 427.

The Crown prosecutor found it puzzling that the defendant could remember the number of drinks he had initially at the friend’s house and nothing thereafter.

The defendant believes that this amnesia points to the fact that his drink may have been “spiked” with a foreign substance.  This has been his defence throughout the trial.

There is an ongoing civil case against Prosa.  His testimony concerning the number of drinks he had initially as well the number of people who were present with him during that time differs to what he has testified to in his criminal case.  The Judge has to decide whether or not to take this discrepancy into consideration in the criminal case.

In a twist, the defence is seeking to have all charges against their client stayed due to the mishandling of his last blood sample that had to be independently tested for the presence of drugs or barbiturates.  They claim that this is a breach of his Charter Rights and that a proper defence cannot be mounted because of it.

Many Canadians wait with bated breath for the conclusion of this case.  Drinking and driving is not an uncommon illegal practise and its devastating effects can happen to anyone at any time.  We should all do our part to protect ourselves and others.

If you have been hurt or injured in a car accident or any type of #link(motor-vehicle-car-accidents,,motor vehicle accident), the #link(meet-the-team,,personal injury lawyers) of Burn Tucker Lachaîne are ready and willing to represent you in your claim for compensation.  Our highly skilled team of lawyers and support staff have experience in professionally handling personal injury cases of any magnitude.

Call us today for a free initial consultation or visit us online and let us help you through this critical and important time in your life.

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