A Cape Breton woman has been convicted of drunk driving for striking a 76-year-old woman, leaving her with serious injuries.

However, Judge Peter Ross dismissed charges that Judith Devison had left the scene of an accident or failed to render aid at an accident, because her impairment meant she didn't even realize there had been an accident.

The collision happened in March of last year on the Trans-Canada Highway near New Haven in Cape Breton.

Devison struck the woman, who was walking along the side of the highway.

The victim, who flew about 20 metres down the road, suffered a broken thighbone and required five hours of surgery. She still walks with the aid of a cane.

Victim testifies

In noting the victim's difficulty as she took to the witness box at Devison's trial, Judge Peter Ross wrote, "She suffered a grievous misfortune, but it has the appearance of a miracle that she did not end up in a box of a different sort."

Devison's Mazda 3 suffered extensive damage and she spun out, ending up facing the opposite direction to which she'd been travelling.

Despite the damage, she kept on driving — the wrong way — until she was spotted by a witness on the side of the road some distance from the crash.

Passing motorists had come across the victim laying in the middle of the highway and had called 911 and stayed with her until police and ambulance arrived.

'I hit a snowbank'

When police caught up to Devison she reportedly said "I did not know I hit somebody — I hit a snowbank."

Police noticed Devison had an odour of liquor from her breath, red glossy eyes, slurred speech and a flushed face.

Devison failed a breathalyzer test, leading to the drunk driving charge.