DRIVER SMOKES CHARGES

Valley Man Buzzing After Acquittal For Toking Behind the Wheel

PEMBROKE -- A Wilno man has won his court battle to toke and drive in what
could become a precedent-setting case.

Former lawyer and marijuana activist Rick Reimer was acquitted yesterday of
charges of driving while impaired by marijuana after Justice Bruce McPhee
ruled there wasn't enough evidence to prove the multiple sclerosis
sufferer, who has an exemption to smoke pot, was impaired "beyond a
reasonable doubt."

"I'm happy and I think it's the right verdict," Reimer said as he sparked
up a victory joint outside the Pembroke courthouse.

"What I'm hoping will happen is that now there'll be more debate on that
issue and through democratic process our government will decide, 'Well, do
we need a law and if so what kind of law do we need? What kind of
investigative tools do the police need?' " he said.

"These are all issues surrounding marijuana that have been
ignored."

No Experts

Reimer, who offered no expert testimony besides his own, said he had his
doubts at times throughout the three-day trial and expects the results
could be overturned on appeal.

"If somehow (my acquittal) is perceived by the powers that be to be a
precedent saying smoking marijuana and driving is okay, then I can expect
there would be a fairly large cry for it to be appealed," he said.

Crown attorney Mac Lindsay, however, could not say whether his office
planned to appeal.

"That decision is not one that I make. It's made by the director of Crown
attorneys for our region. I will be discussing the verdict with him and
then the ministry will take it from there," he said.

Slurred Speech

While McPhee indicated in his verdict he accepted toxicologist Dr. Robert
Langille's testimony that smoking marijuana could impair one's ability to
drive, he could not tell whether it was the pot smoke, Reimer's illness or
something else that caused him to swerve over the centre line, slur his
speech and lose his balance when he was pulled over, joint in hand, by OPP
last February.

In the absence of objective expert testimony, and without having had the
opportunity to witness Reimer straight since he never was during the trial,
McPhee said he could not convict.

"There is much more study that needs to be done," he said, before the
courts could determine whether someone is too impaired by marijuana to drive.