Kevin O'Leary's wife Linda had alcohol on breath after fatal crash: Warrant documents

Linda O'Leary, the wife of Shark Tank star Kevin O'Leary, admitted to drinking alcohol the night of the fatal boating accident in August. Unsealed search warrant documents obtained by Canada's CBC News reveal Linda admitted to having a vodka drink after the collision. When officers smelled alcohol on her breath, she was administered a sobriety test.

"Mrs. O'Leary was administered an alcohol screening device test and registered an alert. She was subsequently served a three-day driver's license suspension," Ontario Provincial Police allege in the documents. "Mrs. O'Leary claims to have consumed a drink of vodka following the collision and prior to the breath test."

According to the documents, "O'Leary could not remember who handed her the drink of vodka following the collision." The documents don't state O'Leary's blood-alcohol level.

Linda was allegedly driving the boat on Lake Joseph when it crashed into another vessel. Two passengers on the other boat were killed. In September, she was charged with "careless operation of a vessel" while the driver of the other boat, Richard Ruh, was charged with "failing to exhibit navigation light while underway." A lawyer for Linda denies she was intoxicated.

"This tragic accident had nothing to do with alcohol," attorney Brian Greenspan told CBC News. "Linda O'Leary was not impaired; she is a highly experienced boater who was proceeding cautiously with due care and attention. She collided with a totally unlit boat on a moonless night which was invisible to any prudent operator. No one could have avoided the collision."

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NEW YORK, NEW YORK - APRIL 08: Linda O' Leary and Kevin O'Leary attend Tribeca Ball Benefiting New York Academy Of Art at New York Academy of Art on April 08, 2019 in New York City. (Photo by Jared Siskin/Patrick McMullan via Getty Images)
NEW YORK, NY - SEPTEMBER 23: Kevin O'Leary and Linda O'Leary attend the Tribeca Talks Panel: 10 Years Of "Shark Tank" during the 2018 Tribeca TV Festival at Spring Studios on September 23, 2018 in New York City. (Photo by Dia Dipasupil/Getty Images)
LOS ANGELES, CA - NOVEMBER 19: Linda O'Leary (L) and Kevin O'Leary attend the 2017 American Music Awards at Microsoft Theater on November 19, 2017 in Los Angeles, California. (Photo by Emma McIntyre/AMA2017/Getty Images for dcp)
TORONTO, ON - APRIL 05: Linda O'Leary and Kevin O'Leary attend Shark Tank's Kevin O'Leary launches symposium celebrating global entrepreneurship at Casa Loma on April 5, 2018 in Toronto, Canada. (Photo by GP Images/Getty Images)
NEW YORK, NY - NOVEMBER 02: Linda O'Leary and Kevin O'Leary attend the15th Annual Elton John AIDS Foundation An Enduring Vision Benefit at Cipriani Wall Street on November 2, 2016 in New York City. (Photo by Gilbert Carrasquillo/FilmMagic)
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The search warrant documents state that authorities captured video showing the other boat turned off its navigational lights after pulling away from shore in order to stargaze. Linda was apparently driving her boat "at a substantial rate of speed" when the accident occurred.

"Linda O'Leary failed to see the other vessel in time enough to avoid a collision," the documents say.

Kevin and Linda O'Leary are being sued for wrongful death by the family of one of the victims. Ruh is also named in the lawsuit.

Linda was due in court last week but the case was rescheduled for Jan. 16, 2020. If found guilty, she will be fined but not jailed as it is not a criminal charge, according to Reuters.

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