Sleep-driver cleared of impaired charge

A Saskatchewan man who was effectively still asleep when he took his truck out for a ride has been found not guilty of impaired driving.

'I cannot believe the law requires him to hide his car keys on himself.' Provincial Court Judge Felicia Daunt

The decision, by provincial court judge Felicia Daunt, was recently published to an online legal database.

It concerns the actions of Clinton Rempel who was accused of impaired driving in Creighton, Sask., on Nov. 30, 2010, the morning after he had taken two doses of a prescribed sleep aid called Restoril.

According to the judgement, Rempel got out of bed that morning, grabbed his truck keys and drove around Creighton in an erratic wayveering into the wrong lane, getting temporarily stuck in a ditch and finally skidding into a stop sign.

Rempel's lawyer argued the man "was in a state of non-insane automatism and therefore was not criminally liable for his actions."

The judge agreed, saying it was "clear that Mr. Rempel had no capacity to form even the minimal intent required for this offence."

Judge Daunt also had to consider if Rempel should have exercised more caution in taking the medicine in the first place.

She noted that Rempel was also taking other prescribed drugs that included warnings that they may cause drowsiness.

Ultimately, the judge said Rempel had acted responsibly.

"Mr. Rempel voluntarily consumed the drugs that were prescribed to him, for the purpose they were prescribed," the judge said. "However, he had no way to foresee the effect the drugs would have on him the next morning."

Rempel, she said, did not take the Restoril in order to become intoxicated.

"Even if he took a second pill because he felt the first one wasnt working, he did this, not to become intoxicated, but to allow him to sleep," she said. "I cannot believe the law requires him to hide his car keys on himself or disable his vehicle in some way when he goes to bed on the mere possibility that he may get up under the influence and do something irrational."

With that, Rempel was found not guilty.