Driver impaired at time of fatal accident, toxicologist testifies
A driver at the scene of a fatal bicycle-car accident nearly two years ago would have had a blood-alcohol level twice the legal limit when he was arrested, a toxicologist testified Wednesday in Sydney, N.S., provincial court.
Lori Campbell said that Paddy Brogan's reaction time, depth perception and ability to control his car would have been impaired on the evening of Sept. 27, 2006.
Brogan, 59, is being tried in the death of Joshua Penny, 6, who was struck by a car as he rode his bicycle with his brother in Florence. The boy died 10 days later in hospital.
Three hours after the accident, a breathalyzer test showed Brogan had a blood-alcohol reading of 130 milligrams of alcohol per 100 millilitres of blood, police testified Tuesday.
Using that information, Campbell said that Brogan's blood-alcohol level at the time of the accident would have been between 157 milligrams and 185 milligrams, given his size and weight. The legal limit for driving is 80 milligrams.
Campbell said that everyone is impaired at 100 milligrams. She estimated that Brogan would have had to drink between 3½ and 4½ beers that evening.
On Monday Brogan pleaded guilty to failing the breathalyzer test. He is standing trial on charges of impaired driving causing death and criminal negligence causing death.
Cape Breton police Const. David Melski, who went to the accident scene and arrested Brogan, testified that Brogan first told him he had drunk two or three beers. But, later Brogan said he had consumed four or five beers — but no more than five.
Const. Sheldon O'Donnell testified Tuesday that there was no skid mark or sign of braking at the accident scene. He also said the road was bare and clear.
Testimony at the trial revealed the accident happened at dusk. Brogan was driving home, and Joshua was riding his big brother's bike on the same side of the road toward the car, against traffic.
Witnesses testified that after the collision they saw Brogan carry the boy and lay him on the grass at the side of the road. Brogan attempted to administer CPR, they said. Witnesses said Brogan was unsteady on his feet and smelled of alcohol.
Paramedic Greg Jessome told the court Tuesday that he was the first paramedic to arrive on the scene of the deadly accident.
Jessome, who knew Brogan, testified that Brogan was panicked and kept telling him that he didn't see the boy, and he begged Jessome to help the child.
The trial before Judge Anne Derrick continues.