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Court rules out blood alcohol level as factor in fatal highway collision sentence

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Austin Deir’s blood alcohol level during a fatal highway collision will not be considered in his sentencing, as revealed in a Clarenville courtroom session on Friday. Deir faced charges in January 2024 for the deaths of Haley Keating and Erin Pretty, both aged 22, following a head-on collision involving the SUV he was driving. He admitted to dangerous driving causing death in April.

The recent court appearance by Deir involved a Gardiner hearing, typically used in sentencing when case facts are disputed post a guilty plea. Testimony indicated that Deir had consumed three to four glasses of whiskey the night before the incident. However, it was also noted that his blood alcohol level was below the legal limit when tested.

Additionally, Deir’s blood sample contained medication for anxiety as confirmed in court. Judge Andrew Brown, in his ruling, considered evidence from law enforcement, medical professionals, and Deir’s spouse, concluding that the Crown failed to definitively prove alcohol’s involvement in the crash.

Following Deir’s guilty plea to the two other charges, impaired driving causing death charges were conditionally withdrawn in April. Emotions were heightened as Deir exited the courtroom, encountering both his family members and the relatives and friends of Keating and Pretty. Deir’s next court appearance is set for December, where victim impact statements from an estimated 49 individuals will be heard.

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