No Jail for Suspended Driver Driving Super Drunk Again & Crashing


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.


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.


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 Everything else was withdrawn.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.