The woman who pulled her car over to the side of the highway to save a group of ducks, has been given the right to appeal her guilty verdict.
25-year-old Emma Czornobaj was convicted of criminal negligence causing death and dangerous driving causing death, after two people were killed when they slammed into her parked car in 2010.
Today, a judge granted her lawyer, Marc Labelle, permission to appeal the guilty verdict -- one month before Czornobaj is set to appear in court for sentencing.
Labelle says his client had no criminal intent when she pulled over on the side of the road.
“We want the court of appeal to review this situation in Canadian criminal law where a person with no criminal intent is nevertheless convicted of a criminal offence,” says Labelle.
He says the rules are too strict when it comes to criminal negligence causing death and dangerous driving causing death.
“The judge was obliged to give some instructions that did not give much of a choice to the jury.“
Czornobaj's sentencing is set for Sept. 19 and her appeal could take between 12 months to a year to be heard. She could receive jail time or a suspended sentence with community service.
Labelle says if she ends up behind bars, he'll likely ask the court to allow her out on bail until her appeal can be heard.