MANDEL: 'Ridiculous decision' -- Laced-watermelon prank wins over 80 acquittal
MADD Canada CEO says decision makes a mockery of impaired driving
Author of the article:
Michele Mandel
Publishing date:
Feb 19, 2021 • 13 hours ago • 3 minute read
Article content
Well here’s a novel defence for driving over 80 — blame it on vodka-spiked watermelon and a practical joke played by a friend who’s probably not a friend anymore.
It was that rather preposterous explanation that saw a Brampton judge acquit a 23-year-old driver who blew more than twice the legal limit due to his “involuntary consumption” of alcohol.
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Michael Aranovsky didn’t dispute his high blood alcohol readings of 186 and 200 mg/100mL after his arrest by Peel Regional Police in Mississauga just after midnight on Dec. 23, 2018. But he insisted he’d only had a beer before leaving his friend’s house for a quick errand.
That friend, Roman Gondarchyn, told the court he’d decided to prank his longtime high school chum because he drank a lot of alcohol on their weekend get togethers but never seemed to get drunk. So according to the decision, Gondarchyn decided it would be “humorous to spike a watermelon with vodka in an effort to get the defendant unwittingly intoxicated.”
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He said he soaked the melon in vodka for 24 hours before serving it on a platter to his close friend. He maintained he had no idea that while he was upstairs putting his son to bed, Aranovsky would go out to drive his roommate home.
After stopping him for a “hasty lane change,” the traffic cop decided to do a roadside screening test after smelling alcohol on his breath but otherwise said Aranovsky appeared fine: “very responsive” and “alert” and “friendly” with no sign of impairment.
After registering a fail, Aranovsky was taken into the station for a breathalyzer. He had “no idea” why he blew more than double the limit. A toxicologist testified the numbers indicated he’d consumed the equivalent of seven shots of vodka and a bottle of beer prior to testing.
At his recent trial, Aranovskly’s involuntary consumption defence rested on what he said was his friend’s juvenile trick. He ate about half a platter of the sliced watermelon that evening and insisted he tasted nothing different about the sweet fruit.
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Crown attorney D’Arcy Leitch found that hard to believe and accused the friends of concocting the spiked watermelon ruse to clear Aranovsky.
“The Crown submits it is totally implausible that a grown man would play a prank involving hidden alcohol on his friend, and if he had, it is impossible that the recipient of such a prank wouldn’t notice the taste of it,” summarized Ontario Court Justice Allison Dellandrea.
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She found otherwise.
“In this case, the Crown’s theory requires me to find that the dangerous and juvenile prank described by the defence witnesses could not have happened, as common sense makes it impossible. Regretfully, I cannot agree,” Dellandrea wrote in her decision last week.
“In my experience, it is not at all uncommon to see otherwise good people making incredibly misguided decisions ending up before me in court.”
Is the defence of “misguided decisions” actually enough to get someone acquitted of a drinking and driving offence?
Aranovsky’s lawyer Ernst Ashurov called it a “totally good decision” for a person who unknowingly consumed too much alcohol.
“In my view, it only shows how damaging it is to play pranks. It’s certainly unusual but it had very unfortunate results for my client and luckily he was acquitted.”
The CEO of MADD Canada has a very different view.
“This is a ridiculous decision,” said Andy Murie.
“To get to a .20 BAC, a 200-pound man would have to consume a 26 oz of vodka on an empty stomach in two hours,” he said.” For a watermelon to consume 26 ounces, it would be floating in vodka.”
Like the prosecutor, he doesn’t believe it.
“Two thoughts: the defence of the watermelon was made up and never happened or the driver knew the watermelon had alcohol because he would have felt the effects as his BAC rose.”
Either way, Murie said, this was an acquittal that makes a mockery of impaired driving.
mmandel@postmedia.com
torontosun.com
MADD Canada CEO says decision makes a mockery of impaired driving
Author of the article:
Michele Mandel
Publishing date:
Feb 19, 2021 • 13 hours ago • 3 minute read
Article content
Well here’s a novel defence for driving over 80 — blame it on vodka-spiked watermelon and a practical joke played by a friend who’s probably not a friend anymore.
It was that rather preposterous explanation that saw a Brampton judge acquit a 23-year-old driver who blew more than twice the legal limit due to his “involuntary consumption” of alcohol.
ON THE RINK: Around the NHL with Michael Traikos
Tracker dslogo
Michael Aranovsky didn’t dispute his high blood alcohol readings of 186 and 200 mg/100mL after his arrest by Peel Regional Police in Mississauga just after midnight on Dec. 23, 2018. But he insisted he’d only had a beer before leaving his friend’s house for a quick errand.
That friend, Roman Gondarchyn, told the court he’d decided to prank his longtime high school chum because he drank a lot of alcohol on their weekend get togethers but never seemed to get drunk. So according to the decision, Gondarchyn decided it would be “humorous to spike a watermelon with vodka in an effort to get the defendant unwittingly intoxicated.”
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He said he soaked the melon in vodka for 24 hours before serving it on a platter to his close friend. He maintained he had no idea that while he was upstairs putting his son to bed, Aranovsky would go out to drive his roommate home.
After stopping him for a “hasty lane change,” the traffic cop decided to do a roadside screening test after smelling alcohol on his breath but otherwise said Aranovsky appeared fine: “very responsive” and “alert” and “friendly” with no sign of impairment.
After registering a fail, Aranovsky was taken into the station for a breathalyzer. He had “no idea” why he blew more than double the limit. A toxicologist testified the numbers indicated he’d consumed the equivalent of seven shots of vodka and a bottle of beer prior to testing.
At his recent trial, Aranovskly’s involuntary consumption defence rested on what he said was his friend’s juvenile trick. He ate about half a platter of the sliced watermelon that evening and insisted he tasted nothing different about the sweet fruit.
Peel Regional Police say officers came across an impaired and sleeping motorist who had a handgun in his vehicle.
Sleeping impaired driver had handgun in car, say cops
South Simcoe Police have released a photo of a dramatic crash. A suspected impaired driver has been charged.
'IT'S A MIRACLE': Impaired-driving charges laid after series of dramatic Bradford crashes
Crown attorney D’Arcy Leitch found that hard to believe and accused the friends of concocting the spiked watermelon ruse to clear Aranovsky.
“The Crown submits it is totally implausible that a grown man would play a prank involving hidden alcohol on his friend, and if he had, it is impossible that the recipient of such a prank wouldn’t notice the taste of it,” summarized Ontario Court Justice Allison Dellandrea.
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She found otherwise.
“In this case, the Crown’s theory requires me to find that the dangerous and juvenile prank described by the defence witnesses could not have happened, as common sense makes it impossible. Regretfully, I cannot agree,” Dellandrea wrote in her decision last week.
“In my experience, it is not at all uncommon to see otherwise good people making incredibly misguided decisions ending up before me in court.”
Is the defence of “misguided decisions” actually enough to get someone acquitted of a drinking and driving offence?
Aranovsky’s lawyer Ernst Ashurov called it a “totally good decision” for a person who unknowingly consumed too much alcohol.
“In my view, it only shows how damaging it is to play pranks. It’s certainly unusual but it had very unfortunate results for my client and luckily he was acquitted.”
The CEO of MADD Canada has a very different view.
“This is a ridiculous decision,” said Andy Murie.
“To get to a .20 BAC, a 200-pound man would have to consume a 26 oz of vodka on an empty stomach in two hours,” he said.” For a watermelon to consume 26 ounces, it would be floating in vodka.”
Like the prosecutor, he doesn’t believe it.
“Two thoughts: the defence of the watermelon was made up and never happened or the driver knew the watermelon had alcohol because he would have felt the effects as his BAC rose.”
Either way, Murie said, this was an acquittal that makes a mockery of impaired driving.
mmandel@postmedia.com
MANDEL: 'Ridiculous decision' -- Laced-watermelon prank wins over 80 acquittal
Well here's a novel defence for driving over 80 -- blame it on vodka-spiked watermelon and a practical joke played by a friend.
