Thunder Bay Woman Convicted of Over 80 Charge, Acquitted of Impaired Driving
Ontario Court of Justice Rules on 2022 Incident in O’Connor Township
THUNDER BAY, ON – A Thunder Bay woman has been convicted of operating a motor vehicle with a blood alcohol concentration exceeding 80 mg per 100 ml of blood, following a ruling by the Ontario Court of Justice.
However, she was acquitted of impaired driving due to reasonable doubt about whether her observed behaviour was caused by alcohol impairment or her mental state.
Case Background
The charges stem from an incident on August 6, 2022, in O’Connor Township, where Jessica Werpny, 30, was found behind the wheel of a grey 2015 Chevrolet Cruze stuck on a rural side road. Ontario Provincial Police (OPP) responded to her 911 call for assistance at approximately 10:05 p.m. and found her in the driver’s seat with the engine running.
Upon arrival, Constable Patrick Price observed signs of intoxication, including bloodshot eyes, an odour of alcohol, and unsteadiness. He also noted empty beer cans and bottles of Nyquil inside the vehicle. Werpny provided a breath sample on a roadside screening device, which resulted in a fail, leading to her arrest.
At the OPP detachment, Werpny provided two Intoxilyzer breath samples:
- 11:54 p.m. – 148 mg of alcohol per 100 ml of blood
- 12:22 a.m. – 137 mg of alcohol per 100 ml of blood (truncated to 140 mg and 130 mg, respectively)
Court Arguments & Defence
At trial, Werpny testified that she had been struggling with mental health issues, including depression, schizophrenia, and anxiety. On the day of the incident, she drove into the remote area seeking isolation. After getting stuck on uneven terrain, she claimed to have consumed four cans of beer between 9:30 and 10:19 p.m., after ceasing to operate the vehicle.
Her defence was based on Section 320.14(5) of the Criminal Code, which allows for an exception if alcohol was consumed only after ceasing to operate the vehicle. Expert forensic toxicologist Dr. Trevor Beaudoin testified that Werpny’s estimated BAC at 9:00 p.m. was between 0 to 35 mg of alcohol per 100 ml of blood, supporting her claim.
Court’s Decision
Justice C.M. Brochu ruled that the Crown had proven the Over 80 charge beyond a reasonable doubt, as Werpny was found in the driver’s seat, the vehicle was running, and she attempted to move it both before and after drinking. The court determined that she had not ceased operating the vehicle, invalidating her defence under Section 320.14(5).
However, on the impaired driving charge, the judge found reasonable doubt, noting that her distress and mental state may have contributed to her physical symptoms, rather than alcohol impairment.
Verdict & Next Steps
- Guilty – Over 80 mg of alcohol per 100 ml of blood
- Not Guilty – Impaired operation
Sentencing will be determined at a later date. Under Canadian impaired driving laws, a first-time conviction for Over 80 can result in:
- A mandatory minimum fine of $1,000
- A 12-month driving prohibition
- Possible further penalties depending on aggravating factors
Public Safety Reminder
The OPP urges motorists to never drive under the influence of alcohol or drugs. If you suspect an impaired driver, call 911 immediately.
For anonymous tips, contact Crime Stoppers at 1-800-222-TIPS (8477) or visit www.p3tips.com/273.
