The woman convicted in the 2008 crash that killed four-year-old Alexa Middelaer had her appeal dismissed Tuesday morning.

"This is a huge sense of relief for our family," Laurel Middelaer said. "We really didn't know. We had a lot of angst leading up to this moment."

In July 2010, 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 the crash that killed Alexa and seriously injured her aunt, Daphne Johanson, in East Ladner.

Berner was convicted after a four-week trial and sentenced to two-and-a-half years in prison.

She was also given a five-year driving ban.

She was released on bail pending her appeal, which was heard last November.

Berner's lawyer, David Tarnow, asked the B.C. Court of Appeal judges to acquit his client on all counts or to rule the case go to a new trial.

He argued that B.C. provincial court trial judge Peder Gulbrandsen erred when he failed to throw out Berner's charges over the destruction of her car, which he called a key piece of evidence, before she was charged.

He also argued the defence was hampered by the fact the Delta police officer who worked on the reconstruction of the crash was unable to testify due to medical reasons.

In the ruling released Tuesday, B.C. Court of Appeal Justice Catherine Ryan found the destruction of the vehicle was problematic but concluded that Berner was not prejudiced in her defence.

"In my view, the verdicts were ones a judge could reasonably render," she concluded.

Berner had her bail revoked but is expected to re-apply for release pending an appeal of her sentence, which will likely be heard sometime next year.

jkerr@delta-optimist.com