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Appeal Court rules concussed driver had ‘operating mind,’ retrial ordered in impaired driving case

Tuesday, July 24, 2018 @ 2:13 PM | By Terry Davidson

The importance of remaining silent while in custody is the takeaway from a court ruling that a concussed driver had an “operating mind” when he told police he had been drinking, say lawyers.

The July 11 Court of Appeal of Newfoundland and Labrador decision in R. v. Lambert 2018 NLCA 39 focused on the voluntariness of statements made to police by Bradley Lambert after crashing the car he was driving.

Lambert's appeal lawyer, Derek Hogan of the Newfoundland and Labrador Legal Aid Commission, declined to comment, and...