No Jail for Suspended Driver Driving Super Drunk Again & Crashing
No Jail for Suspended Driver Driving Super Drunk Again & Crashing
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Charge(s):
CC: s.253(1)(a) – Impaired Driving, s.254(5) – Refusal to Provide a Breath Sample, s.145(5) – Failure to Attend Court, s.253(1)(b) – Driving with Over 80 mg alcohol in blood, s.253(1)(a) – Impaired Driving, s.430(1)(a) – Mischief; TSA: s.51(a) – Driving without a Valid Licence, s.54(1)(a) – Driving without Insurance.
Allegations:
My client’s licence was suspended for driving while under the influence of alcohol. A few days later, while driving under the influence again, he struck a parked vehicle and crashed into a fence. A witness called the police. They found him to be extremely intoxicated. He refused to provide a breath sample. He then failed to attend court. A few months later, he was caught driving while under the influence of alcohol again. This time, he blew a red light, right in front of the police. Again, he was extremely intoxicated. This time, he provided samples of his breath. His readings exceeded 2.5 times the legal limit. He urinated in the holding cell.
Result:
He pleaded guilty to the refusal and one impaired charge. Everything else was withdrawn. The Crown was seeking jail on the second impaired conviction. I argued against that, given that both convictions were being entered simultaneously. The judge agreed. He received the minimum fine of $1000 on the first impaired and $2500 on the second impaired. In addition, he was placed on probation for a period of one year, in order to address his problem with alcohol. No jail.
Time Served & Probation for Multiple High Speed Chases & Stolen Property
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Charge(s):
CC: 129(a) – Obstruct Peace Officer, s.334(b) – Theft x 2, s.249.1(1) – Fail to Stop Motor Vehicle in order to Evade a Peace Officer, s.430(1)(a) – Mischief, s.355(b) – Possession of Stolen Property – s.145(5) Fail to Attend Court x 3; TSA: s.53(1)(b) – Display unauthorized licence plate x 2, s.54(1)(a) – Drive without Insurance, s.94(2) – Drive while unauthorized x 3; s.166(2)(c) – Fail to Remain Stopped until Permitted to Leave by Peace Officer – PTA: s.2(1)(a) – Trespassing.
Allegations:
After having served numerous months in prison for engaging the police in a high speed car chase with his five year-old son as a passenger, my client became homeless, jobless and alone, surviving on the streets by stealing and squatting in other people’s property. After stealing gasoline, my client was pursued by the police. He initially pulled over, but then accelarated as the police officer approached his vehicle. The officer gave chase, but my client got away. 30 minutes later, the police caught up to him and again, he escaped after a high speed chase. My client had warrants for his arrest, he had no insurance and his license had been suspended for failing to pay child support. While on release for these offences, he stole a camping trailer, in order to have a place to live. Again, while on release, the police tried to detain my client for driving a vehicle with a license plate that belonged to a different vehicle. My client initially pulled over, but then sped away when the officer approached his window, causing the officer to run after the vehicle. He then engaged the police in a high speed chase, resulting in his escape, only to be tracked down and arrested shortly therafter. Again, while on release, my client continued to drive while unauthorized and with a licence plate that belonged to a different vehicle. He also failed to attend court on a few occasions. The final incident which caused him to remain detained until disposition is that he was found living inside someone’s camping trailer within the grounds of the storage facility. When the owner went to check on her trailer, she noticed that someone appeared to living inside. The police located my client hiding in the bathroom at the rear of the trailer. My client confessed to all of his crimes during police interviews.
Result:
A Pre-Sentence Report and a Psychological Assessment were completed prior to sentencing. He was sentenced to one day, no warrant of committal, taking into account nearly four months of pre-trial custody, followed by a period of probation for 18 months. He was also required to pay several fines in relation to the traffic safety offences.
Community Service Hours for Extensive Graffitti
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Charge(s):
CC: s.430(1)(a) – Mischief x 7, RSA: s.41(1)(1) – Trespassing on Railway Property
Allegations:
My client spray painted a number of property items around Calgary, including a fence, cement barriers, and a bridge. One year later, he was caught on CPR property in rural Alberta, having spray painted several railway cars on different occasions.
Result:
My client received a suspended sentence and probation for a period of one year, with a condition that he perform community service hours by assisting the City of Calgary to remove grafitti around the city. The Crown was initially seeking restitution in an amount exceeding $15,000. No restitution was ordered.
Violent Man Gets 3 Months & Probation For Tormenting Girlfriend
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Charge(s):
CC: s.348(1)(b)/266 – Break and Enter and Commit Assault, s.266 – Assault, s.264.1(1)(a) – Uttering Death Threats, s.430(1)(a) – Mischief; PAFVA: s.13.1(1)(a) x 12 – Breach of Emergency Protection Order.
Allegations:
My client had just gotten out of jail, after serving a two-month sentence for assaulting his girlfriend. He went straight to her residence, contrary to the provisions of an Emergency Protection Order. A physical altercation ensued, during which he forced her to the floor, took the phone from her, ripped her hair out and punched her in the face several times. He threatened to kill her if she tried to call the police. She calmed him down. He then left to meet up with a friend to do some business. While he was out, she called 911. He returned shortly thereafter. She locked herself in the bathroom. He kicked in her front door and found her to be on the phone with the police, so he fled the residence, vowing to kill her, as he fled. She suffered numerous injuries. He had also assaulted her the year before and threatened to burn down her entire apartment building. She has an ongoing fear that he will in fact kill her. Two days later, he showed up at her front door and was trying to get in. She did not respond. Instead, she called 911 again. While waiting for the police to arrive, he sent her numerous sexual messages, followed by threatening text messages, including the following words: “I’ll be waiting for you in the darkness when you leave to go to work. I’m going to knock you right the fuck out and drag your lifeless body into my world. I hate you with a passion…Hope you’re ready to die, you greedy fucked slut. See you in the morning. I’m gonna smash your fucking brains in, pull your dead corpse back upstairs and take everything you have. You’re dead as soon as you come outside!!! DEAD!!! You ruined my life…I can’t wait to ejaculate over your dead body. You’ve got me out on the streets for the last time. I’m gonna make sure you lose everything.” He was arrested later that day. While in the Remand Centre, he attempted to contact her at least 10 more times.
Result:
In advance of the trial date, I persuaded the Crown to withdraw the B&E charge, and to agree to time served (3 months), followed by probation for one year, with a focus on mental health counseling. The judge refused to accept the joint proposal and sentenced him to an additional 3 months, followed by probation for 18 months. My client had a lengthy and related criminal record, including two prior convictions for assaulting and threatening to kill the same victim.
Dangerous Driving Charge Reduced to a Ticket
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Charge(s):
CC: s.249(1)(a) – Dangerous Driving
Allegations:
My client was driving one vehicle, while his friend was driving another. Both vehicles contained numerous other friends. They were driving fast through back alleys around their neighbourhood, following each other closely and causing people to jump out of the way. The alleys were very wet with numerous puddles of muddy water. A young mother was walking down the alley, holding her new born baby in her arms, when my client and his friend drove toward her, at a high rate of speed, and deliberately splashed her – twice. She and her baby were completely soaked with dirty water. As the vehicles continued driving, passengers in the second vehicle were hanging out of the window, pumping their fists, yelling “yes!”
Result:
Close to the day of trial, I persuaded the Crown to agree to resolve this matter by way of a guilty plea to a separate offence of “stunting,” under the Traffic Safety Act. The penalty consisted of only a $500 fine and 3 demerits. No criminal conviction.
