The woman convicted of killing a four-year-old girl while driving drunk will not get a new trial, B.C.’s Court of Appeal ruled Tuesday.
Carol Berner killed Alexa Middelaer and severely injured her aunt while the pair fed a horse at the side of a country road in Delta, B.C. four years ago.
At the time of the crash, Berner was driving 91 kilometres per hour in a 50-km/h zone. During her trial, the court heard Berner tell an undercover police officer she drank three glasses of wine prior to the accident.
Carol Berner was convicted of impaired driving causing death, impaired driving causing bodily harm, dangerous driving causing death and dangerous driving causing bodily harm in July 2010.
Berner was sentenced to 30 months in prison, but was released on bail pending her appeal. She will now have to serve the rest of her sentence.
