No Jail for Extremely Drunk Driver Failing to Stop for Police & FTAC


CC: s.253(1)(b) – Driving with blood/alcohol content over .80%, s.253(1)(a) – Impaired Driving, s.249.1(1) – Fail to Stop while being Pursued by a Peace Officer, s.145(5) – Fail to Attend Court


My client was travelling, at speeds exceeding 150 kms/hr, down Deerfoot Trail. The police pursued him with lights flashing and horns blaring. My client appeared to slow down as though to pull over, but continued and appeared to accelerate. It took the police a while to finally get him to pull over. He appeared to be extremely intoxicated. He blew three times over the legal limit. There were two passengers in his vehicle. He subsequently failed to attend court and a warrant for his arrest issued.


The Crown was seeking a period of incarceration. I tendered pleas of “not guilty” and scheduled the matter for trial, on the basis of significant triable issues. Prior to the trial date, the Crown agreed to accept a guilty plea to only the over .80% charge and to withdraw all other charges. Given all of the aggravating factors, he received a fine of $2500. No jail.