Judge rejects low blood sugar defence in deadly drunk driving crash in Sicamous
A Kamloops judge found an Alberta man guilty after he claimed that a deadly head-on collision happened because of his diabetes not alcohol.
Faced with three criminal charges after Kamloops man Shaun Michael died in the crash near Sicamous, Gordon Kent Rumbles said it was low blood sugar that led to the collision, according to a recent BC Supreme Court decision.
BC Supreme Court Justice Brad Smith didn't buy it, finding Rumbles was drunk when he crossed into the oncoming lane and hit Michael's truck on Nov. 6, 2021. He didn't deny drinking and a blood test hours after the crash found his alcohol count was still more than double the legal limit.
Rumbles was driving from his Edmonton-area home to Enderby, towing a trailer behind his pickup truck. He didn't deny drinking alcohol throughout the trip, but he claimed it was hypoglycemia, or low blood sugar, that led to "flu-like" symptoms, according to the decision.
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After reaching Salmon Arm, Rumbles had no memory of the drive, including the crash that ejected him through a window and killed Michael.
Witnesses described seeing a truck being driven erratically on the Trans-Canada Highway, varying speeds and veering in and out of the driving lane. Shortly before the collision a witness who called 911 spoke with Rumbles while pulled onto a shoulder. She said he looked like he was having a stroke, according to the decision.
Around 7:30 p.m., Rumbles hit Michael's Ford in a head-on collision while crossing the Bruhn Bridge in Sicamous.
Michael was killed in the crash. Rumbles was hospitalized for 15 days with a concussion and multiple broken bones, including his neck, pelvis and four ribs, according to the decision.
There were alcoholic drinks inside his truck, some opened and some not. He didn't deny drinking while on the drive. Although his alcohol and sugar levels from the time of the crash weren't known, he was found to have a blood glucose level just above the normal range when he was tested a half-hour later.
His blood was tested for alcohol content almost three hours after the crash. At that time it was measured at around 186 milligrams per 100 millilitres of blood. It becomes a criminal offence at 80 milligrams. Accounting for the time delay, Smith said Rumbles would have had three times that limit in his blood at the time of the crash.
Rumbles testified that he ate very little that day and, despite taking his medication and drinking alcohol, believed his memory loss, erratic driving and "flu-like" symptoms were the result of low blood sugar. He had "no intention" of being intoxicated during the drive.
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Rumbles, who was diagnosed with diabetes in 2005, also testified that he not only had never experienced hypoglycemia before, but that his doctors had only ever warned him of the dangers of high blood sugar.
Justice Smith didn't believe Rumbles' doctors wouldn't have told him about the dangers of low blood sugar.
"I have no reasonable doubt that Mr. Rumbles was able to appreciate and know that he was or might become impaired when he decided to consume the two cans of White Claw while continuing to drive, after driving for hours with many hours to go, while experiencing worsening flu-like symptoms, knowing he had an empty stomach and had not consumed food since the afternoon of the previous day, knowing that consuming alcohol affects driving ability, and knowing the dangers of low blood glucose for persons with diabetes," Smith said in his decision.
On Nov. 21, he was convicted on one count related to dangerous driving causing death and two related to causing death while driving impaired.
He'll be sentenced at a later date.
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