An East Angus motorist has just been found guilty of one count of impaired driving causing death at the Sherbrooke courthouse.
• Also read: Fatal accident while impaired: the trial d’a driver d’East Angus kicks off
• Also read: Estrie: a man arrested for impaired driving causing death
Jacques Brodeur was driving drunk on the evening of September 16, 2020, when his vehicle swerved on Route 112, in Dudswell. His passenger, Richard Champagne, lost his life in the accident.
The two men had played golf during the day, before having dinner at a licensed establishment in Stratford on the evening of the accident.
In his decision, Judge Paul Dunnigan also had to rule on a motion of the type Jordan presented by the defense, for unreasonable delays. The legal proceedings actually took place over 34 months and 28 days in the case of Jacques Brodeur, while the reasonable time limit is established at 30 months in this type of case.
The motion, which could have acquitted the accused, was however rejected, since the judge ruled that a sufficient part of these delays was attributable to the defense.
LCN screenshot
Likewise, the judge rejected defense arguments that the accused’s right to legal assistance had been violated by the police during his arrest, several months after the accident. Jacques Brodeur also pleaded that he had been arbitrarily arrested by the police on the evening of the accident. In both cases, the magistrate concluded that the police officers had done their job well. He notably recounted the comments of a policewoman who, on the evening of the accident, had detected a “strong smell of drink” coming from the accused.
During the trial, a forensic toxicologist explained that a blood sample from the driver revealed an alcohol level of 143 milligrams per 100 milliliters of blood (0.143) when taken at the hospital. Remember that the permitted limit is 80 milligrams, or the famous 0.08.
Three young people who saw the accident told the court in January 2024 that they narrowly avoided a collision with the accused’s vehicle, which encroached into the opposite lane before plunging into a ditch. The three witnesses turned around to assist the motorist and his passenger. The accused allegedly refused their help in an annoyed, even aggressive tone.
Jacques Brodeur reportedly said he fell asleep at the wheel and there was no need to call emergency services. The witnesses nevertheless called 911 after leaving the accident scene, they explained during the trial.
The passenger, Richard Champagne, suffered a first cardiorespiratory arrest during his transport to hospital. The death of the 64-year-old man was unfortunately noted a few hours later.
Jacques Brodeur was arrested and charged seven months after the events.
See the full explanation in the video above.