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Anthony Thomas has acknowledged that he was impaired when he drove into two women who were walking along a grassy boulevard in Central Saanich.
Police officers told the court they observed nothing to indicate the driver involved in a fatal crash in 2018 may have been intoxicated by drugs or alcohol.
Lorraine Murphy was in the front passenger seat of a car driven by her son in late August 2018 when she saw a red SUV veer across the centre line.