She was texting in the lead up to the accident, she now claims, not drinking, as she allegedly previously described. It is an unusual legal strategy, as both are clearly against the law, although only drunk driving is a crime. Both are also widely regarded as reckless and dangerous, but only drunk driving would clearly void the insurance policy for her 2013 Hyundai Santa Fe. The case is a rare illustration of the differences between a criminal court drunk driving trial, which must be decided beyond a reasonable doubt, and small claims court actions that involve claims of drunk driving, which can be decided on a balance of probabilities. In small claims court, procedural efficiency is the name of the game.

Source: National Post March 23, 2018 19:58 UTC