Although hard to miss, a local pot smoker was oblivious to the presence of this police van beside him in traffic as he took a hit from his bong.
Photograph by: Joe Fries, for Kelowna.com
Source: Kelowna.com
BRITISH COLUMBIA - Even the presence of a large police vehicle pulled up beside him wasn’t enough to distract a Sunday morning driver from his Sunday morning wake-and-bake.
An RCMP officer driving the Kelowna detachment’s prisoner escort van around 10:15 a.m. noticed the driver of black chevrolet coupe on Gordon Drive after he swerved while reaching for something beside him. The cop pulled up on the passenger side of the car at a red light to get a better look.
The officer watched in amazement as the 20-year-old man grabbed his bong, loaded it with pot, then took a hoot “with the policeman right there, not more than five feet away, watching everything that was going on,” Kelowna RCMP spokesman Const. Steve Holmes told reporters this morning.
Holmes was also dumbfounded by the driver’s obliviousness to the cop van beside him.
“It’s big, it’s white, it is fully marked with a light bar on it, strobe lights, and the large RCMP insignia on the doors,” Holmes remarked. “It is generally hard to miss.”
The driver was immediately pulled over and handed a 24-hour driving suspension to go along with a ticket for driving without reasonable driving consideration. A small amount of weed was recovered from the car.
Tuesday, March 16, 2010
Update: Fugitive captured, charged after melee last week in northern Labrador
Source: MetroNews Edmonton
NEWFOUNDLAND - Police in northern Labrador have arrested a 22-year-old man who they allege was on the run after a melee broke out last week.
The RCMP say they tried to stop a pickup truck in Natuashish, N.L., last Thursday after it sped off carrying five or six passengers. During the course of the chase they say the driver of the truck narrowly missed hitting an intoxicated woman lying on the road in the dry community.
Police say once the truck stopped, a scuffle broke out and one officer was hit on the back of the head.
Nigel Rich was arrested earlier today in Hopedale.
He is facing numerous charges, including dangerous driving, impaired driving, escaping lawful custody and possession of stolen property.
Source: The Telegram [Mar 12, 2010]
Rowdy crowd helps arrested man escape from police car in bizarre incident in Natuashish, NL
NEWFOUNDLAND - A 22-year-old Natuashish man is on the lam after being let out of a RCMP vehicle Thursday night by one member of an intoxicated crowd in a bizarre case in the Labrador community.
About 9:30 p.m., RCMP responded to a complaint of an impaired driver operating a pickup with five or six passengers in it.
As RCMP officers attempted to stop the vehicle, the driver sped off and narrowly missed running over an intoxicated woman lying on the road.
The vehicle was finally stopped and a brief physical altercation took place with one of the RCMP officers being hit on the back of the head.
The driver was taken into custody and placed in the police vehicle, but one of many agitated and intoxicated persons in the crowd opened the police door allowing the accused to escape.
RCMP members searched the area until the early hours of the morning with the assistance of Natuashish Fire Department members to no avail, and he remains at large.
The woman who was lying on the road was placed in cells overnight for her safety.
Several charges are pending against the driver related to impaired driving, dangerous operation of a vehicle, resisting arrest, escaping lawful custody, and others.
NEWFOUNDLAND - Police in northern Labrador have arrested a 22-year-old man who they allege was on the run after a melee broke out last week.
The RCMP say they tried to stop a pickup truck in Natuashish, N.L., last Thursday after it sped off carrying five or six passengers. During the course of the chase they say the driver of the truck narrowly missed hitting an intoxicated woman lying on the road in the dry community.
Police say once the truck stopped, a scuffle broke out and one officer was hit on the back of the head.
Nigel Rich was arrested earlier today in Hopedale.
He is facing numerous charges, including dangerous driving, impaired driving, escaping lawful custody and possession of stolen property.
Source: The Telegram [Mar 12, 2010]
Rowdy crowd helps arrested man escape from police car in bizarre incident in Natuashish, NL
NEWFOUNDLAND - A 22-year-old Natuashish man is on the lam after being let out of a RCMP vehicle Thursday night by one member of an intoxicated crowd in a bizarre case in the Labrador community.
About 9:30 p.m., RCMP responded to a complaint of an impaired driver operating a pickup with five or six passengers in it.
As RCMP officers attempted to stop the vehicle, the driver sped off and narrowly missed running over an intoxicated woman lying on the road.
The vehicle was finally stopped and a brief physical altercation took place with one of the RCMP officers being hit on the back of the head.
The driver was taken into custody and placed in the police vehicle, but one of many agitated and intoxicated persons in the crowd opened the police door allowing the accused to escape.
RCMP members searched the area until the early hours of the morning with the assistance of Natuashish Fire Department members to no avail, and he remains at large.
The woman who was lying on the road was placed in cells overnight for her safety.
Several charges are pending against the driver related to impaired driving, dangerous operation of a vehicle, resisting arrest, escaping lawful custody, and others.
Judge lashes out at lawyer in Barrie court
Source: Barrie Examiner
ONTARIO - A Barrie judge said he is considering laying contempt charges against a legal aid lawyer who has left a string of clients stranded over the past several months because he doesn't show up for court.
"On the face of it, I see grounds for contempt," said Justice James Crawford, after his court paged for lawyer Arman Hoque, who didn't show up on the first day of his client's trial. "There is a real concern for the administration of justice."
Meanwhile, his client, Steven Srigley, 19, sat at the front of the court.
After making almost a dozen court appearances in the past year, Srigley, who wants to plead not guilty to an impaired driving charge, says he feels the justice system has treated him unfairly.
"I feel like a bouncing rubber ball," he said outside of court. "I come over and over and now I am told I have to find a new lawyer."
Srigley was even more upset after learning that the same lawyer has ditched a string of other clients and left them standing like a deer in headlights at the front of the court.
Last January in Orillia, Justice Gary Palmer slammed Hoque in court after he failed to show up for trial for another client, Vikas Pushkarna, who was charged with impaired driving.
"This is not the first time you have been less than diligent Mr. Hoque," said Judge Palmer. "I am told this has been happening on a regular basis."
In court, Hoque had no excuse.
"I'm sorry your honour," said Hoque.
"You came sorely close to being cited for contempt for abandoning your client," said the judge. "Let this be an alarm bell for you ... this kind of conduct is inevitably going to get you into trouble with the Law Society, do you understand?"
"Yes your honour," answered Hoque.
Yet, despite the warning, the same thing happened to Srigley Monday, as well as on other occasions after legal aid appointed Hoque as his lawyer.
Now, after at least a dozen court appearances, Srigley can't find Hoque to get his paperwork back and start the lawyer-hunting process all over again.
He was ordered to find a new lawyer and be back in court March 30.
Justice Crawford also made an order for Hoque to be back in court March 30 to face a possible contempt charge.
Hoque did not answer his telephone yesterday, and his voicemail was full.
The situation comes just one month after the province worked out a deal to stop a boycott by Ontario's legal aid lawyers who were refusing to take on cases unless they got a raise.
ONTARIO - A Barrie judge said he is considering laying contempt charges against a legal aid lawyer who has left a string of clients stranded over the past several months because he doesn't show up for court.
"On the face of it, I see grounds for contempt," said Justice James Crawford, after his court paged for lawyer Arman Hoque, who didn't show up on the first day of his client's trial. "There is a real concern for the administration of justice."
Meanwhile, his client, Steven Srigley, 19, sat at the front of the court.
After making almost a dozen court appearances in the past year, Srigley, who wants to plead not guilty to an impaired driving charge, says he feels the justice system has treated him unfairly.
"I feel like a bouncing rubber ball," he said outside of court. "I come over and over and now I am told I have to find a new lawyer."
Srigley was even more upset after learning that the same lawyer has ditched a string of other clients and left them standing like a deer in headlights at the front of the court.
Last January in Orillia, Justice Gary Palmer slammed Hoque in court after he failed to show up for trial for another client, Vikas Pushkarna, who was charged with impaired driving.
"This is not the first time you have been less than diligent Mr. Hoque," said Judge Palmer. "I am told this has been happening on a regular basis."
In court, Hoque had no excuse.
"I'm sorry your honour," said Hoque.
"You came sorely close to being cited for contempt for abandoning your client," said the judge. "Let this be an alarm bell for you ... this kind of conduct is inevitably going to get you into trouble with the Law Society, do you understand?"
"Yes your honour," answered Hoque.
Yet, despite the warning, the same thing happened to Srigley Monday, as well as on other occasions after legal aid appointed Hoque as his lawyer.
Now, after at least a dozen court appearances, Srigley can't find Hoque to get his paperwork back and start the lawyer-hunting process all over again.
He was ordered to find a new lawyer and be back in court March 30.
Justice Crawford also made an order for Hoque to be back in court March 30 to face a possible contempt charge.
Hoque did not answer his telephone yesterday, and his voicemail was full.
The situation comes just one month after the province worked out a deal to stop a boycott by Ontario's legal aid lawyers who were refusing to take on cases unless they got a raise.
Five-time drunk driver sentenced to weekends in jail in Dartmouth court
Source: The Chronicle Herald
NOVA SCOTIA - An East Preston man found drunk and passed out behind the wheel of a vehicle last October has been ordered to spend his weekends in jail.
Floyd Archibald Pelley, 52, pleaded guilty Monday in Dartmouth provincial court to failing the breathalyzer.
It’s his fifth conviction for impaired driving, all since 1999.
Judge Brian Gibson, who accepted a joint recommendation from lawyers, gave Pelley a 90-day intermittent jail sentence and prohibited him from driving for five years.
RCMP had a hard time waking Pelley up after they found him in the driver’s seat of a truck parked near his house on Upper Governor Street on the evening of Oct. 7. He was belligerent, smelled of alcohol and had the keys to the vehicle in his possession.
Pelley blew .190 on the breathalyzer, well over twice the legal limit of .08, or 80 milligrams of alcohol in 100 millilitres of blood.
He told police he hadn’t been driving the vehicle, just sitting in it while he drank beer.
"I realize now I can’t sit alone in my truck with my keys and do what I’d been doing," Pelley told the court Monday.
Defence duty counsel Patricia Hutton said Pelley is a diabetic and had missed two doses of insulin on the day in question. He had surgery last month after suffering a heart attack and has been advised by his doctor to stop drinking.
He’ll begin serving his jail time this weekend.
This is the third time Pelley has received an intermittent jail sentence for drunk driving. He won’t be so lucky if he’s caught again, the judge cautioned, saying he’d get at least four straight months behind bars.
NOVA SCOTIA - An East Preston man found drunk and passed out behind the wheel of a vehicle last October has been ordered to spend his weekends in jail.
Floyd Archibald Pelley, 52, pleaded guilty Monday in Dartmouth provincial court to failing the breathalyzer.
It’s his fifth conviction for impaired driving, all since 1999.
Judge Brian Gibson, who accepted a joint recommendation from lawyers, gave Pelley a 90-day intermittent jail sentence and prohibited him from driving for five years.
RCMP had a hard time waking Pelley up after they found him in the driver’s seat of a truck parked near his house on Upper Governor Street on the evening of Oct. 7. He was belligerent, smelled of alcohol and had the keys to the vehicle in his possession.Pelley blew .190 on the breathalyzer, well over twice the legal limit of .08, or 80 milligrams of alcohol in 100 millilitres of blood.
He told police he hadn’t been driving the vehicle, just sitting in it while he drank beer.
"I realize now I can’t sit alone in my truck with my keys and do what I’d been doing," Pelley told the court Monday.
Defence duty counsel Patricia Hutton said Pelley is a diabetic and had missed two doses of insulin on the day in question. He had surgery last month after suffering a heart attack and has been advised by his doctor to stop drinking.
He’ll begin serving his jail time this weekend.
This is the third time Pelley has received an intermittent jail sentence for drunk driving. He won’t be so lucky if he’s caught again, the judge cautioned, saying he’d get at least four straight months behind bars.
Ditched car leads to impaired driving charges against man
Source: MetroNews Halifax
NOVA SCOTIA - A 36-year-old man is facing charges of impaired driving and refusing to provide a blood sample after police say he drove his vehicle into a ditch on Mineville Road.
Halifax RCMP say the man said he was driving on the road when he swerved to miss two deer, lost control and wound up in the ditch. Police say he was the only person in the vehicle. (Perhaps the officer misheard the man, He may have been saying that he swerved to miss two beers on the road ... just sayin' - Peter)
The man was taken to hospital for treatment of non-life-threatening injuries. He was released from arrest and will appear in court at a later date.
NOVA SCOTIA - A 36-year-old man is facing charges of impaired driving and refusing to provide a blood sample after police say he drove his vehicle into a ditch on Mineville Road.
Halifax RCMP say the man said he was driving on the road when he swerved to miss two deer, lost control and wound up in the ditch. Police say he was the only person in the vehicle. (Perhaps the officer misheard the man, He may have been saying that he swerved to miss two beers on the road ... just sayin' - Peter)
The man was taken to hospital for treatment of non-life-threatening injuries. He was released from arrest and will appear in court at a later date.
Trucker who struck officer gets two years
Source: Brockville Recorder & Times
ONTARIO - An apologetic Chad DiMaria was sentenced to two years in penitentiary in Brockville Court Monday for an April 4, 2008 driving incident that left an OPP officer with a severely broken leg and kept him off duty for close to a year.
Superior Court Justice Robert Pelletier also sentenced DiMaria to two years probation and imposed a five-year driving ban for actions that injured Const. Eric Mueller.
However, Pelletier credited DiMaria for six months served in pre-trial custody and a rehabilitation facility for drug use, reducing the overall jail time to 18 months.
RELATED
Trucker on trial for running over OPP constable
Pelletier said he believed DiMaria's courtroom apology to Const. Eric Mueller was sincere and feels the 27-year-old defendant has turned his life around as a resident of the Ottawa-based Harvest House rehabilitation centre for the past 20 months.
But Pelletier rejected defence counsel Leonardo Russomanno's argument to provide a one-for-one credit for DiMaria's time in custody and rehab that would have set him free following the trial.
Pelletier cited several aggravating factors that "compelled" him to reach the conclusion a penitentiary sentence is required.
They include the fact DiMaria was driving while impaired by drugs, the severe injury to a police officer attempting to enforce the law, a lengthy record of driving infractions, the risk his actions posed to the community and the need to send a message of general deterrence to the public that such behaviour will not be tolerated.
Still, Pelletier said the sentence was in the lowest range of what he considered reasonable and took into account DiMaria's youth, genuine remorse and successful rehabilitation.
ONTARIO - An apologetic Chad DiMaria was sentenced to two years in penitentiary in Brockville Court Monday for an April 4, 2008 driving incident that left an OPP officer with a severely broken leg and kept him off duty for close to a year.
Superior Court Justice Robert Pelletier also sentenced DiMaria to two years probation and imposed a five-year driving ban for actions that injured Const. Eric Mueller.
However, Pelletier credited DiMaria for six months served in pre-trial custody and a rehabilitation facility for drug use, reducing the overall jail time to 18 months.
RELATED
Trucker on trial for running over OPP constable
Pelletier said he believed DiMaria's courtroom apology to Const. Eric Mueller was sincere and feels the 27-year-old defendant has turned his life around as a resident of the Ottawa-based Harvest House rehabilitation centre for the past 20 months.
But Pelletier rejected defence counsel Leonardo Russomanno's argument to provide a one-for-one credit for DiMaria's time in custody and rehab that would have set him free following the trial.
Pelletier cited several aggravating factors that "compelled" him to reach the conclusion a penitentiary sentence is required.
They include the fact DiMaria was driving while impaired by drugs, the severe injury to a police officer attempting to enforce the law, a lengthy record of driving infractions, the risk his actions posed to the community and the need to send a message of general deterrence to the public that such behaviour will not be tolerated.
Still, Pelletier said the sentence was in the lowest range of what he considered reasonable and took into account DiMaria's youth, genuine remorse and successful rehabilitation.
Man on curfew stopped allegedly under the influence
Source: Sudbury Star
ONTARIO - A routine traffic stop on Highway 551, in the Mindemoya area, uncovered an alleged drunk driver in the early hours of Saturday morning.
Upon checking the driver, the OPP officer became suspicious that he was under the influence.Further investigation uncovered that the driver was under recognizance with conditions to refrain from the consumption of alcohol and to abide by a curfew.
Charged with failing to provide a breath sample and three counts of Breach of Recognizance is Milovan Pesukic, 41, of Sudbury. He was scheduled to appear in a Gore Bay bail court on Monday.
ONTARIO - A routine traffic stop on Highway 551, in the Mindemoya area, uncovered an alleged drunk driver in the early hours of Saturday morning.
Upon checking the driver, the OPP officer became suspicious that he was under the influence.Further investigation uncovered that the driver was under recognizance with conditions to refrain from the consumption of alcohol and to abide by a curfew.
Charged with failing to provide a breath sample and three counts of Breach of Recognizance is Milovan Pesukic, 41, of Sudbury. He was scheduled to appear in a Gore Bay bail court on Monday.
TTC driver pulled over, licence suspended
Source: Toronto Star
ONTARIO - Police pulled over a TTC driver and suspended her licence Friday after riders complained the bus was being driven erratically.
Toronto police Staff Sgt. Leslie Anderson said the bus was stopped on Dawes Rd. near Danforth Ave. around 2:30 p.m. after passengers called police.
The driver was given a roadside breathalyzer test. While not legally over the limit, she was found to have consumed enough alcohol to warrant a 72-hour licence suspension.
Police said Amalgamated Transit Union Local 113, which represents TTC drivers, will be conducting an internal investigation.
ONTARIO - Police pulled over a TTC driver and suspended her licence Friday after riders complained the bus was being driven erratically.
Toronto police Staff Sgt. Leslie Anderson said the bus was stopped on Dawes Rd. near Danforth Ave. around 2:30 p.m. after passengers called police.
The driver was given a roadside breathalyzer test. While not legally over the limit, she was found to have consumed enough alcohol to warrant a 72-hour licence suspension.
Police said Amalgamated Transit Union Local 113, which represents TTC drivers, will be conducting an internal investigation.
Editorial: Breath test stumbles into perilous zone
Source: Calgary Herald
It may not be too late to pull Ottawa back from the random breath test (RBT) abyss. While the government appears poised to introduce RBTs, one of several recommendations made last year by the Commons justice committee, they've first posted a discussion paper online and have sought feedback from Canadians.
While polls show support in principle for RBTs, hopefully Canadians will consider what this would mean in practice and will tell Ottawa to scrap the idea.
Canadians are clearly concerned about impaired driving, and supporters of RBTs maintain that allowing police to force citizens at random to provide a breath sample will help address the problem.
However, merely touting the effectiveness of a proposed police tool does not tell the whole story.
No doubt random, warrantless searches and phone taps would produce glowing crime-reduction statistics. Surely, though, no reasonable person would find that tolerable in a democratic society.
Consider, for example, random bag and locker searches at schools -- wouldn't that be effective in dealing with drugs and weapons? But the debate would have nothing to do with its effectiveness and everything to do with its intrusiveness.
Indeed, the Supreme Court of Canada has ruled specifically against the random use of drug-sniffing dogs in schools. The court found that it violated Section 8 of the charter, which guarantees against unreasonable search or seizure.
The ruling also addressed the case of a man who was found with drugs in his bag at the Calgary Greyhound bus station. The court found police "did not have grounds for reasonable suspicion" when making use of a drug-sniffing dog. It's not hard to see how such a principle could apply to RBTs. Remember, this change would eliminate the requirement for reasonable suspicion.
But is the debate here merely one between the effectiveness of RBTs and their constitutional validity? Is the effectiveness of RBTs beyond question?
Read the rest of this editorial in the Calgary Herald ...
It may not be too late to pull Ottawa back from the random breath test (RBT) abyss. While the government appears poised to introduce RBTs, one of several recommendations made last year by the Commons justice committee, they've first posted a discussion paper online and have sought feedback from Canadians.
While polls show support in principle for RBTs, hopefully Canadians will consider what this would mean in practice and will tell Ottawa to scrap the idea.
Canadians are clearly concerned about impaired driving, and supporters of RBTs maintain that allowing police to force citizens at random to provide a breath sample will help address the problem.
However, merely touting the effectiveness of a proposed police tool does not tell the whole story.
No doubt random, warrantless searches and phone taps would produce glowing crime-reduction statistics. Surely, though, no reasonable person would find that tolerable in a democratic society.
Consider, for example, random bag and locker searches at schools -- wouldn't that be effective in dealing with drugs and weapons? But the debate would have nothing to do with its effectiveness and everything to do with its intrusiveness.
Indeed, the Supreme Court of Canada has ruled specifically against the random use of drug-sniffing dogs in schools. The court found that it violated Section 8 of the charter, which guarantees against unreasonable search or seizure.
The ruling also addressed the case of a man who was found with drugs in his bag at the Calgary Greyhound bus station. The court found police "did not have grounds for reasonable suspicion" when making use of a drug-sniffing dog. It's not hard to see how such a principle could apply to RBTs. Remember, this change would eliminate the requirement for reasonable suspicion.
But is the debate here merely one between the effectiveness of RBTs and their constitutional validity? Is the effectiveness of RBTs beyond question?
Read the rest of this editorial in the Calgary Herald ...
Monday, March 15, 2010
Chief of a Sudbury area First Nation pleads guilty to drinking and driving offence in Sault
Source: Sault Star
ONTARIO - The chief of a Sudbury area First Nation, whose truck struck a light pole at a Sault Ste. Marie intersection, was jailed Monday for a drinking and driving offence.
Edward Steven Miller, of Whitefish Lake First Nation, pleaded guilty to operating a motor vehicle with a blood-alcohol level exceeding 80 milligrams of alcohol in 100 millilitres of blood.
Miller, 46, was sentenced to a 90-day intermittent term, which he will serve on weekends.
He also was prohibited from driving for three years.
Ontario Court Justice Kristine Bignell recommended that Miller be transferred to the Sudbury jail.
Whitefish Lake First Nation is located 20 kms southwest of the Nickel City.
The court heard a city police officer came upon the single-vehicle collision at the intersection of Queen and Huron streets at about 1:40 a.m. on Nov. 3.
The driver told him he was coming from Studio 10 where he had two beers, Crown attorney Bill Johnson said.
After failing a roadside screening test, Miller was taken to the police station where he recorded breathalyser readings of 173 and 167 milligrams of alcohol in 100 millilitres of blood.
Miller has prior convictions in 1987, 1990 and 1995 for drinking and driving offences.
Johnson said he was recommending the 90-day sentence after receiving information that Miller had been sober for a number of years following his last conviction. The Crown said he also had been provided with letters about counselling Miller has undertaken.
"I realize the seriousness of the charge,'' Miller told the judge. "I realize I let a lot of people down.''
Defence counsel Ken Walker said his client has been trying to be an example, "to show people what not to be like.''
Noting the 15-year gap in Miller's record, his guilty plea and potential for rehabilitation, Bignell accepted the joint Crown-defence sentencing submission.
ONTARIO - The chief of a Sudbury area First Nation, whose truck struck a light pole at a Sault Ste. Marie intersection, was jailed Monday for a drinking and driving offence.
Edward Steven Miller, of Whitefish Lake First Nation, pleaded guilty to operating a motor vehicle with a blood-alcohol level exceeding 80 milligrams of alcohol in 100 millilitres of blood.
Miller, 46, was sentenced to a 90-day intermittent term, which he will serve on weekends.
He also was prohibited from driving for three years.
Ontario Court Justice Kristine Bignell recommended that Miller be transferred to the Sudbury jail.
Whitefish Lake First Nation is located 20 kms southwest of the Nickel City.
The court heard a city police officer came upon the single-vehicle collision at the intersection of Queen and Huron streets at about 1:40 a.m. on Nov. 3.
The driver told him he was coming from Studio 10 where he had two beers, Crown attorney Bill Johnson said.
After failing a roadside screening test, Miller was taken to the police station where he recorded breathalyser readings of 173 and 167 milligrams of alcohol in 100 millilitres of blood.
Miller has prior convictions in 1987, 1990 and 1995 for drinking and driving offences.
Johnson said he was recommending the 90-day sentence after receiving information that Miller had been sober for a number of years following his last conviction. The Crown said he also had been provided with letters about counselling Miller has undertaken.
"I realize the seriousness of the charge,'' Miller told the judge. "I realize I let a lot of people down.''
Defence counsel Ken Walker said his client has been trying to be an example, "to show people what not to be like.''
Noting the 15-year gap in Miller's record, his guilty plea and potential for rehabilitation, Bignell accepted the joint Crown-defence sentencing submission.
Regina teens face charges after man, 47, thrown off car
Source: Windsor Star
SASKATCHEWAN - Two Regina teen girls are facing charges in connection with a stolen vehicle and a collision following a bizarre series of events early Monday morning.
Police were called just after 3 a.m. after a vehicle struck a tree and a light standard before coming to a rest on the boulevard at the intersection.
It is alleged that a 47-year-old man from Dilke, Sask., was in the company of two teen girls at an Albert St. hotel when the teens attempted to leave the location in the man's car.
According to police, the man then jumped on the hood of the car and hung on while it travelled four blocks north before being knocked off when it hit a tree.
All three apparently attempted to leave the scene but were located by police.
The man was taken to hospital with non-life threatening injuries and the teens were arrested.
Starlene Barbara Bird, 19, is charged with criminal negligence causing bodily harm, impaired driving, theft of an auto and possession of a stolen auto under $5,000. Ashley April Dawn Agecoutay, 18, faces charges of theft and possession of a stolen auto, as well as a breach of probation.
Both are to make their first court appearances Monday afternoon.
SASKATCHEWAN - Two Regina teen girls are facing charges in connection with a stolen vehicle and a collision following a bizarre series of events early Monday morning.
Police were called just after 3 a.m. after a vehicle struck a tree and a light standard before coming to a rest on the boulevard at the intersection.
It is alleged that a 47-year-old man from Dilke, Sask., was in the company of two teen girls at an Albert St. hotel when the teens attempted to leave the location in the man's car.According to police, the man then jumped on the hood of the car and hung on while it travelled four blocks north before being knocked off when it hit a tree.
All three apparently attempted to leave the scene but were located by police.
The man was taken to hospital with non-life threatening injuries and the teens were arrested.
Starlene Barbara Bird, 19, is charged with criminal negligence causing bodily harm, impaired driving, theft of an auto and possession of a stolen auto under $5,000. Ashley April Dawn Agecoutay, 18, faces charges of theft and possession of a stolen auto, as well as a breach of probation.
Both are to make their first court appearances Monday afternoon.
Update: Sandy Bay man dies following highway collision north of Portage
Source: Portage Daily Graphic
MANITOBA - Portage la Prairie RCMP report a man from Sandy Bay First Nation was killed in a vehicle collision on Saturday, north of Portage.
At about 7 p.m. Portage RCMP received a 911 call of a serious vehicle collision on Hwy. 227 in the Rural Municipality of Portage.
A red Ford Mustang traveling westbound struck an eastbound red Ford F150 that was pulling a trailer. The lone male driver of the Mustang was injured in the crash and Portage Emergency Services had to extricate him from the vehicle.
The man was transported to Portage District General Hospital by ambulance and was later transferred to Health Sciences Center in Winnipeg.
The male later succumbed to his injuries at Health Sciences Center.
The deceased is a 36-year-old man from Sandy Bay First Nation.
Police believe that alcohol was a factor in the collision.
The 36-year-old male driver of the Ford F150 truck and his 12-year-old male passenger, were treated on scene for non-life-threatening injuries.
A Traffic Analyst attended the scene to assist in the investigation.
The police investigation continues.
Source: Daily Graphic
Collision north of Portage la Prairie sends three to hospital
MANITOBA - Portage la Prairie Emergency Services report three individuals were taken to hospital with injuries following a head-on collision north of Portage on Saturday night.
At about 6:55 p.m. on Rd. 227, about 1 1/2 miles east of Hwy. 240, a Ford Mustang car and a pick-up truck collided.
The male driver of the car was taken to Portage District General Hospital and then transported to a hospital in Winnipeg with critical injuries.
Two occupants in the pick-up truck, the driver and a passenger, were taken to Portage District General Hospital.
The cause of the collision is under investigation.
MANITOBA - Portage la Prairie RCMP report a man from Sandy Bay First Nation was killed in a vehicle collision on Saturday, north of Portage.
At about 7 p.m. Portage RCMP received a 911 call of a serious vehicle collision on Hwy. 227 in the Rural Municipality of Portage.
A red Ford Mustang traveling westbound struck an eastbound red Ford F150 that was pulling a trailer. The lone male driver of the Mustang was injured in the crash and Portage Emergency Services had to extricate him from the vehicle.
The man was transported to Portage District General Hospital by ambulance and was later transferred to Health Sciences Center in Winnipeg.
The male later succumbed to his injuries at Health Sciences Center.
The deceased is a 36-year-old man from Sandy Bay First Nation.
Police believe that alcohol was a factor in the collision.
The 36-year-old male driver of the Ford F150 truck and his 12-year-old male passenger, were treated on scene for non-life-threatening injuries.
A Traffic Analyst attended the scene to assist in the investigation.
The police investigation continues.
Source: Daily Graphic
Collision north of Portage la Prairie sends three to hospital
MANITOBA - Portage la Prairie Emergency Services report three individuals were taken to hospital with injuries following a head-on collision north of Portage on Saturday night.
At about 6:55 p.m. on Rd. 227, about 1 1/2 miles east of Hwy. 240, a Ford Mustang car and a pick-up truck collided.
The male driver of the car was taken to Portage District General Hospital and then transported to a hospital in Winnipeg with critical injuries.
Two occupants in the pick-up truck, the driver and a passenger, were taken to Portage District General Hospital.
The cause of the collision is under investigation.
Man killed when friend's car backs over him
Source: Montreal Gazette
QUEBEC - A 53-year-old Laurentians resident was killed when his friend’s car hit him Sunday night as it backed out of the victim’s driveway, police said.
Daniel Charette died about 10:30 p.m. Sunday after he fell from the steps on his front walk and into the path of his friend’s car as it was backing out of Charette’s driveway on St. Bruno St. in Ste. Agathe des Monts, located about 90 kilometres northwest of Montreal, Sûreté du Québec Sgt. Martine Isabelle said.
Alcohol may have been a factor in the incident, Isabelle said. Investigators were still trying to determine on Monday if the driver might be charged with impaired driving.
The driver did not cooperate with police officers at the scene when they tried to ascertain if he was impaired, Isabelle said.
QUEBEC - A 53-year-old Laurentians resident was killed when his friend’s car hit him Sunday night as it backed out of the victim’s driveway, police said.
Daniel Charette died about 10:30 p.m. Sunday after he fell from the steps on his front walk and into the path of his friend’s car as it was backing out of Charette’s driveway on St. Bruno St. in Ste. Agathe des Monts, located about 90 kilometres northwest of Montreal, Sûreté du Québec Sgt. Martine Isabelle said.
Alcohol may have been a factor in the incident, Isabelle said. Investigators were still trying to determine on Monday if the driver might be charged with impaired driving.
The driver did not cooperate with police officers at the scene when they tried to ascertain if he was impaired, Isabelle said.
Man charged with impaired driving following St. John's collision
Source: The Telegram
NEWFOUNDLAND - A 45-year-old St. John’s man was charged with impaired driving and having a blood alcohol level over the legal limit following a collision in the city Sunday night.
One of the drivers involved in the collision received minor injuries.
The collision occurred about 8:45 p.m. at the intersection of Torbay Road and Newfoundland Drive.
The accused was released from custody to appear in provincial court at a later date.
NEWFOUNDLAND - A 45-year-old St. John’s man was charged with impaired driving and having a blood alcohol level over the legal limit following a collision in the city Sunday night.
One of the drivers involved in the collision received minor injuries.
The collision occurred about 8:45 p.m. at the intersection of Torbay Road and Newfoundland Drive.
The accused was released from custody to appear in provincial court at a later date.
R.I.D.E. wake-up call: Hung over drivers beware
Source: The Spectator
ONTARIO - It's 8 a.m. — the morning rush — and you've just been arrested for impaired driving.
Thanks to those drinks you had last night, and despite any sleep you may have had, you've just failed the breathalyzer test.
You're still drunk from the night before, hence the handcuffs.
How did this happen?
Well, the physiological explanation goes something like this: when you take a drink, the alcohol goes into your bloodstream where it remains until it's broken down by your liver.
It's up to your liver to do 90 per cent of the work of metabolizing the alcohol; the rest leaves your body when you sweat or go to the bathroom. And your poor liver can't keep up if you're saturated.
Drink faster than your liver can break down the alcohol and your blood alcohol concentration (BAC) can't go anywhere but up.
On average, depending on a person's body type, health, medications and so-on, it can take between 60 and 90 minutes for your body to process the alcohol in a standard drink.
And, yes, there's an app for that. In fact, there are a number of phone applications that can calculate your BAC, based on information the drinker inputs (thus the disclaimers that state these devices are for entertainment and information purposes only).
While a standard drink is usually defined as the alcohol in a bottle of beer, 5 ounces of table wine or 1-½ ounces of hard liquor, "standard" is a relative term depending on the actual concoction you're drinking, who's pouring and even the size of the glass.
Using the rule of thumb that your body needs an hour to metabolize one drink (again, that can differ depending on the person's height and weight), it's obviously going to take a lot longer to get the alcohol out of your system than it did to put it in.
Remember too, your BAC will continue to rise, even after you've taken that last drink.
Which all means that you could stop drinking at 1 a.m., cab it home, hit the mattress, roll out of bed hours later, shower, chug some coffee, and still be impaired for your morning commute.
Thus the presence of roadside spot checks during the a.m. rush.
"We have R.I.D.E.(Reduce Impaired Driving Everywhere) teams that work around the clock," says Sgt. Dave Woodford of the Ontario Provincial Police. "Impaired drivers aren't limited to specific times of day or year. In order to eliminate the problem, we are focused on doing R.I.D.E. anywhere, anytime, throughout the year, throughout the day."
And no, there's no secret to sobering up.
Contrary to popular belief, cold showers and exercise won't help and coffee will only make you a wide-awake drunk.
It takes time and your liver.
Finally, sober but feeling hung over?
Instead of climbing behind the wheel, you'd better call a cab or catch the bus.
With that pounding headache and sour stomach, not to mention your sour mood, you are one tired, dehydrated, unfocused mess. It's not exactly the best time to be driving.
In fact, researchers at England's Brunel University have concluded that driving while suffering from a hangover is four times more dangerous than driving sober.
The hung-over people who participated in the study (they used driving simulators) were found to be speeding, drifting from their lanes four times as often as sober drivers and committing double the number of traffic violations generally.Meanwhile another study, published in the March 2010 issue of Alcoholism: Clinical & Experimental Research looked at the next-day effects of bourbon versus vodka.
Interestingly, while the researchers at Brown University found that bourbon hangovers were worse (possibly because the whiskey contains higher levels of congeners, essentially toxic molecules that are byproducts of the fermentation process), they also concluded that the level of performance impairment in next-day tasks was about the same for both beverages.
When hung over, people did worse in tasks that required them to pay attention for a continuous period of time while making rapid accurate choices, which the study's author, Prof. Damaris J. Rohsenow, points out has implications for driving and safety-sensitive occupations.
"However, people were not aware that they were performing worse, since they thought their driving ability was not impaired in the morning even though they could not react as well."
But, thanks to all those hung-over test subjects who suffered for the sake of science, we are now aware of just exactly how those alcoholic beverages can affect us.
Sunday, March 14, 2010
Man in critical condition after being hit by car in Windsor ON
Photo: Google StreetView
Source: Windsor Star
ONTARIO - A man is in critical condition after being struck by a car during a fight at a bowling alley Saturday morning.
Windsor police responded around 12:30 a.m. to reports of a large fight at the Bowlero Fun Centre on Tecumseh Road, apparently involving eight to 10 people. When they arrived they found a 21-year-old male victim on the ground with a large pool of blood around his head.
Witnesses said a group of people had entered a Volkswagen Beetle during the fight, and the car had struck the man as it came out of the parking lot. The victim suffered serious injuries and was taken to Hotel-Dieu Grace Hospital.
The driver left the scene after the incident.
Police stopped the car at Walker Road and Tecumseh Road about ten minutes later. A 21-year-old Tecumseh woman was arrested. She was in custody Saturday morning.
It was unclear whether or not the woman had any connection to the fight or whether the incident was provoked.
The investigation is in its early stages and is ongoing.
The driver is facing charges of driving with over 80 mg of blood alcohol, dangerous driving causing bodily harm and failure to remain at the scene of an accident.
Source: Windsor Star
ONTARIO - A man is in critical condition after being struck by a car during a fight at a bowling alley Saturday morning.
Windsor police responded around 12:30 a.m. to reports of a large fight at the Bowlero Fun Centre on Tecumseh Road, apparently involving eight to 10 people. When they arrived they found a 21-year-old male victim on the ground with a large pool of blood around his head.
Witnesses said a group of people had entered a Volkswagen Beetle during the fight, and the car had struck the man as it came out of the parking lot. The victim suffered serious injuries and was taken to Hotel-Dieu Grace Hospital.
The driver left the scene after the incident.
Police stopped the car at Walker Road and Tecumseh Road about ten minutes later. A 21-year-old Tecumseh woman was arrested. She was in custody Saturday morning.
It was unclear whether or not the woman had any connection to the fight or whether the incident was provoked.
The investigation is in its early stages and is ongoing.
The driver is facing charges of driving with over 80 mg of blood alcohol, dangerous driving causing bodily harm and failure to remain at the scene of an accident.
Full disclosure needed from Crown attorneys
Source: Winnipeg Sun
CANADA - If we learned anything from the botched case of former Conservative MP Rahim Jaffer, it’s that Crown attorneys should be obligated to offer an explanation to the court when they drop charges.
Jaffer was charged with drunk driving and possession of cocaine when he was stopped for speeding by an Ontario Provincial Police officer in September. His charges were inexplicably dropped and all he got was a $500 plea-bargained fine for careless driving.
This scenario plays out in courtrooms right across the country every day. Jaffer’s case is not unique. The only reason it made national headlines is because he’s a former MP.
Charges get dropped by Crown attorneys all the time. Sometimes police “over charge” and hope one or two charges will stick. Other times there are serious problems with evidence in a case, or witnesses become unusable and a Crown has no choice but to abandon charges. In fact, as officers of the court, prosecutors are obligated not to proceed with charges if they believe there is no likelihood of conviction or if it’s not in the best interest of the public.
But where the system breaks down, as it did in the Jaffer case, is when there is no explanation offered to the court and to the public on why charges are dropped.
If they were dropped for a legitimate reason, the Crown should be obliged to explain why. Otherwise, it gives the appearance that someone is “getting off light” for no reason.
It causes the public to lose faith in the justice system.
If Jaffer’s drunk driving and drug possession charges were dropped because of some legal loophole or because police screwed up, then tell us.
The public not only has a right to know, it’s impossible to make changes to the system if required — like better police training on Charter issues — if we don’t know the facts.
We had a similar situation in Manitoba where a Winnipeg police officer had his impaired driving causing death charges dropped. The special prosecutor did not tell us why he dropped Derek Harvey-Zenk’s charges. He just dropped them without explanation and agreed to a weak plea bargain on dangerous driving causing death.
The judge in the case practically begged special prosecutor Marty Minuk for more evidence but he refused.
If it wasn’t for the media digging into the story and finding out charges were dropped because of sloppy policing and a police cover-up — which lead to an inquiry that furthered exposed the story — we would never have known.
And the hapless East St. Paul police service would never have been disbanded, which it was following the inquiry.
Jaffer’s case is a textbook example of how the Crown should be obliged to make public why charges are dropped.
It’s critical in maintaining — or renewing — public faith in our criminal justice system.
There’s probably a legitimate legal reason why the Crown dropped the charges.
This story isn’t about political interference in the courts, as some have recklessly alleged. Jaffer’s wife, Helena Guergis, is a Conservative MP. The suggestion is that Jaffer got off because someone influenced the Crown’s office. Well, until such time that somebody can present us with evidence on how a federal MP influences a provincial Crown attorney to drop criminal charges, those accusations fall into the category of cheap gossip.
No, this story is about due process and making sure that justice is seen to be done. And when charges are dropped and there is no explanation given, justice is not seen to be done.
And that has to change.
CANADA - If we learned anything from the botched case of former Conservative MP Rahim Jaffer, it’s that Crown attorneys should be obligated to offer an explanation to the court when they drop charges.
Jaffer was charged with drunk driving and possession of cocaine when he was stopped for speeding by an Ontario Provincial Police officer in September. His charges were inexplicably dropped and all he got was a $500 plea-bargained fine for careless driving.
This scenario plays out in courtrooms right across the country every day. Jaffer’s case is not unique. The only reason it made national headlines is because he’s a former MP.
Charges get dropped by Crown attorneys all the time. Sometimes police “over charge” and hope one or two charges will stick. Other times there are serious problems with evidence in a case, or witnesses become unusable and a Crown has no choice but to abandon charges. In fact, as officers of the court, prosecutors are obligated not to proceed with charges if they believe there is no likelihood of conviction or if it’s not in the best interest of the public.
But where the system breaks down, as it did in the Jaffer case, is when there is no explanation offered to the court and to the public on why charges are dropped.
If they were dropped for a legitimate reason, the Crown should be obliged to explain why. Otherwise, it gives the appearance that someone is “getting off light” for no reason.
It causes the public to lose faith in the justice system.
If Jaffer’s drunk driving and drug possession charges were dropped because of some legal loophole or because police screwed up, then tell us.
The public not only has a right to know, it’s impossible to make changes to the system if required — like better police training on Charter issues — if we don’t know the facts.
We had a similar situation in Manitoba where a Winnipeg police officer had his impaired driving causing death charges dropped. The special prosecutor did not tell us why he dropped Derek Harvey-Zenk’s charges. He just dropped them without explanation and agreed to a weak plea bargain on dangerous driving causing death.
The judge in the case practically begged special prosecutor Marty Minuk for more evidence but he refused.
If it wasn’t for the media digging into the story and finding out charges were dropped because of sloppy policing and a police cover-up — which lead to an inquiry that furthered exposed the story — we would never have known.
And the hapless East St. Paul police service would never have been disbanded, which it was following the inquiry.
Jaffer’s case is a textbook example of how the Crown should be obliged to make public why charges are dropped.
It’s critical in maintaining — or renewing — public faith in our criminal justice system.
There’s probably a legitimate legal reason why the Crown dropped the charges.
This story isn’t about political interference in the courts, as some have recklessly alleged. Jaffer’s wife, Helena Guergis, is a Conservative MP. The suggestion is that Jaffer got off because someone influenced the Crown’s office. Well, until such time that somebody can present us with evidence on how a federal MP influences a provincial Crown attorney to drop criminal charges, those accusations fall into the category of cheap gossip.
No, this story is about due process and making sure that justice is seen to be done. And when charges are dropped and there is no explanation given, justice is not seen to be done.
And that has to change.
Facing reality of drunk driving
Source: Calgary Sun
ALBERTA - The man who took the life of Calgary mom Linda Davey was handed five years in jail this week.
While Davey was out for a walk with her family, she was struck down.
Her son and family friend were injured and her daughter was left to witness the carnage.
The offender in this case is Darren Coupal, a man driving so drunk court heard he wasn’t aware he’d hit anyone.
When officers went to his Bridlewood home, they reported he smelled strongly of alcohol and had even soiled his pants.
If Coupal hadn’t killed, it’s likely he would have been overlooked until either causing a crash or getting caught at a Checkstop.
But there is one detail that should be brought to the forefront. Had Coupal been sober, he still shouldn’t have been behind the wheel.
The man had borrowed an SUV from a friend and was driving the one kilometre back to his home without a licence.
He failed to reapply after his licence was suspended for a prior impaired conviction.
Ahead of the sentencing hearing, defence counsel Steve Wojick told court Coupal shouldn’t be considered “a poster boy to be thrown up as some example to the public.”
You’re wrong, counsel.
Coupal puts a name and a face to the repeat drunk drivers who are jailed for their actions, often because someone has died.
He’s the type Mother’s Against Drunk Driving (MADD) is trying to make a national priority.
“We know from criminal charge and conviction data that a person can drive impaired once a week for three years before being charged, and once a week for six years before being convicted,” says MADD Canada National president Margaret Miller.
“If we wait until they’ve received Criminal Code convictions, it is likely too late to make any meaningful changes in their behaviour.”
MADD is suggesting drivers who rack up multiple charges should face minimum sentencing of two years less a day for their fourth conviction within 10 years.
The organization also wants to focus on preventative measures for those at risk of continuing to drive impaired, including assessment, treatment and rehab.
The two-pronged approach would complement a push for longer licence suspensions, graduated licensing programs and vehicle forfeitures.
According to MADD, Alberta’s effort to punish drunk drivers has stalled.
Its ranking has fallen from fourth to sixth place among the provinces.
But it has taken some steps since 2006 to thwart impaired drivers.
Calgary in particular has enjoyed success with MADD’s Campaign 911, which saw a 30% spike in calls to police about suspected drunk drivers. The group is now looking to expand the program across Alberta.
In July 2008, mandatory engine interlocks were adopted for drivers convicted twice within 10 years — or first-time offenders caught with double the legal limit or more in their system.
At the time, Transportation Minister Luke Ouellette called it a good starting point, but conceded it wouldn’t stop everyone from driving drunk.
And interlocks, which use a breath sample to screen for alcohol before starting the vehicle, won’t stop people who drive high.
If adopting stricter policy to deter impaired driving will help chronic offenders stay off the road and get the help they need, there’s no reason for the province to put on the brakes.
Linda’s widower Kevin didn’t even attend the sentencing hearing.
“Irrespective of whether it’s one year, or a hundred years the time span doesn’t matter, it’s whether me and the kids can put this behind us,” he said of the tragedy.
Now there’s a sobering thought.
ALBERTA - The man who took the life of Calgary mom Linda Davey was handed five years in jail this week.
While Davey was out for a walk with her family, she was struck down.
Her son and family friend were injured and her daughter was left to witness the carnage.
The offender in this case is Darren Coupal, a man driving so drunk court heard he wasn’t aware he’d hit anyone.
When officers went to his Bridlewood home, they reported he smelled strongly of alcohol and had even soiled his pants.
If Coupal hadn’t killed, it’s likely he would have been overlooked until either causing a crash or getting caught at a Checkstop.
But there is one detail that should be brought to the forefront. Had Coupal been sober, he still shouldn’t have been behind the wheel.
The man had borrowed an SUV from a friend and was driving the one kilometre back to his home without a licence.
He failed to reapply after his licence was suspended for a prior impaired conviction.
Ahead of the sentencing hearing, defence counsel Steve Wojick told court Coupal shouldn’t be considered “a poster boy to be thrown up as some example to the public.”
You’re wrong, counsel.
Coupal puts a name and a face to the repeat drunk drivers who are jailed for their actions, often because someone has died.
He’s the type Mother’s Against Drunk Driving (MADD) is trying to make a national priority.
“We know from criminal charge and conviction data that a person can drive impaired once a week for three years before being charged, and once a week for six years before being convicted,” says MADD Canada National president Margaret Miller.
“If we wait until they’ve received Criminal Code convictions, it is likely too late to make any meaningful changes in their behaviour.”
MADD is suggesting drivers who rack up multiple charges should face minimum sentencing of two years less a day for their fourth conviction within 10 years.
The organization also wants to focus on preventative measures for those at risk of continuing to drive impaired, including assessment, treatment and rehab.
The two-pronged approach would complement a push for longer licence suspensions, graduated licensing programs and vehicle forfeitures.
According to MADD, Alberta’s effort to punish drunk drivers has stalled.
Its ranking has fallen from fourth to sixth place among the provinces.
But it has taken some steps since 2006 to thwart impaired drivers.
Calgary in particular has enjoyed success with MADD’s Campaign 911, which saw a 30% spike in calls to police about suspected drunk drivers. The group is now looking to expand the program across Alberta.
In July 2008, mandatory engine interlocks were adopted for drivers convicted twice within 10 years — or first-time offenders caught with double the legal limit or more in their system.
At the time, Transportation Minister Luke Ouellette called it a good starting point, but conceded it wouldn’t stop everyone from driving drunk.
And interlocks, which use a breath sample to screen for alcohol before starting the vehicle, won’t stop people who drive high.
If adopting stricter policy to deter impaired driving will help chronic offenders stay off the road and get the help they need, there’s no reason for the province to put on the brakes.
Linda’s widower Kevin didn’t even attend the sentencing hearing.
“Irrespective of whether it’s one year, or a hundred years the time span doesn’t matter, it’s whether me and the kids can put this behind us,” he said of the tragedy.
Now there’s a sobering thought.
Saturday, March 13, 2010
Impaired driver gives his pickup truck a giant wedgie
A truck hit a trestle at the Bayview Residences in Victoria, B.C. March 12, 2010. The truck remains against the building until building engineers say the structure hasn't been damaged in the accident.
Photograph by: Adrian Lam, for the Times Colonist
Source: Victoria Times Colonist
BRITISH COLUMBIA - A drunk, of-out-control driver careened into a detached trellis at the new Bayview One condominium in Vic West and got the pickup truck so wedged on, it will have to be lifted by a crane, Victoria police said.
The man swerved off the road in the 100-block of Saghalie Road near the intersection of Esquimalt and Tyee roads around 6:40 p.m. Friday, said Sgt. Graham Macarwich.
His Dodge pickup truck hit a small tree at the entrance of the crescent, banked off the grassy circular median before becoming air born over the curb in front of the condo. The truck landed in a flower bed, narrowly missing the brick structure and uprooting one post of the steel trellis from its concrete base. The trellis is about 10 metres high and 25 feet long.
The building’s engineer was on scene surveilling [sic] the damage.
The white truck bed was filled with contracting tools. Several open beer cans littered the inside of the truck.
The man fled the scene before police could arrive. They conducted a search and found him a few blocks away.
He had minor injuries and was taken to hospital but refused to provide a blood sample, Macarwich said.
He faces charges of impaired driving, failure to remain at the scene and refusal to provide a blood sample.
The totalled truck is still lodged on the trellis and a crane will be needed to lift it off, Macarwich said.
Photograph by: Adrian Lam, for the Times Colonist
Source: Victoria Times Colonist
BRITISH COLUMBIA - A drunk, of-out-control driver careened into a detached trellis at the new Bayview One condominium in Vic West and got the pickup truck so wedged on, it will have to be lifted by a crane, Victoria police said.
The man swerved off the road in the 100-block of Saghalie Road near the intersection of Esquimalt and Tyee roads around 6:40 p.m. Friday, said Sgt. Graham Macarwich.
His Dodge pickup truck hit a small tree at the entrance of the crescent, banked off the grassy circular median before becoming air born over the curb in front of the condo. The truck landed in a flower bed, narrowly missing the brick structure and uprooting one post of the steel trellis from its concrete base. The trellis is about 10 metres high and 25 feet long.
The building’s engineer was on scene surveilling [sic] the damage.
The white truck bed was filled with contracting tools. Several open beer cans littered the inside of the truck.
The man fled the scene before police could arrive. They conducted a search and found him a few blocks away.
He had minor injuries and was taken to hospital but refused to provide a blood sample, Macarwich said.
He faces charges of impaired driving, failure to remain at the scene and refusal to provide a blood sample.
The totalled truck is still lodged on the trellis and a crane will be needed to lift it off, Macarwich said.
Jury deliberates fate of Iqaluit man accused in RCMP officer's death
An August 2003 file photo of Pingoatuk (Ping) Kolola after he and friends stopped off in Iqaluit, Nunavut on the way to Kimmirut, Nunavut after a fishing trip. Kolola has been charged with first-degree murder by the RCMP in connection with the death of RCMP Constable Douglas Scott in Kimmirut Nov. 5, 2007.
Photograph by: Kathleen Lippa, for Northern News Services Limited
Source: Montreal Gazette
NUNAVAT - The fate of a Nunavut man on trial for the killing of an RCMP officer more than two years ago rests on one issue — intent.
An 11-person jury sitting in Iqaluit retired mid-afternoon Monday to decide between a verdict of first-degree murder or one of manslaughter in the trial of Pingoatuk Kolola, accused of killing RCMP Const. Douglas Scott in November 2007 as the officer was responding to a drunk driving complaint in the northern town of Kimmirut.
"In Canada, any blameworthy death that is not murder is called manslaughter," Justice Robert Kilpatrick said Monday in his instructions to the jury.
Intent has become the crux of the issue that Crown and defence lawyers have left in the hands of the jury.
Kilpatrick said if Kolola fired on Scott with the intent to kill or to hurt him, then he's guilty of murder. The same is true, Kilpatrick explained, if Kolola fired simply knowing that death or injury could result from his actions in a moment of reckless rage.
But if Kolola fired on Scott while too drunk or confused to realize that he might kill a man, the shooting was an accident and Kolola therefore guilty of the lesser charge of manslaughter.
And Kilpatrick said if the jury has any reasonable doubt of Kolola's intent, such doubt must be applied to Kolola's benefit and the lesser verdict must be applied.
With witnesses and a recorded confession as evidence, there is no doubt that Kolola fired the gun that ended Scott's life.
But defence lawyer Andrew Mahar argued that Kolola — who was angry, drunk and suicidal at the time — had not meant to kill Scott and that the shooting was a tragic accident.
"The greatest danger to police officers doesn't come from criminals," Mahar told the jury. "It comes from the potential for violence in ordinary people."
He added: "There are no monsters here."
Kolola was the only witness in the defence's case, saying in his evidence that the bullet he fired through Scott's skull had been meant to scare him off, fired one-handed while drunk, with his infant son, Adam, cradled in his other arm.
For her part, Crown prosecutor Suzanne Boucher said in closing arguments that the defence's explanation "did not make sense," because "Mr. Kolola knew he was shooting at an on-duty police officer."
Boucher argued that the precision of the lethal shot, combined with Kolola's history of skilled marksmanship, shows that Kolola had meant to fire at the officer, and not just at Scott's vehicle.
The hunter and former prize-winning marksman with the Canadian Rangers had said in court that he and his friends sometimes held one-handed shooting contests while out hunting.
Boucher characterized Kolola as consumed with rage after a night of violent confrontations with family, friends and co-workers, arguing that when Scott came after Kolola in response to the impaired driving complaint, he became an unfortunate victim of that rage.
She argued if Kolola had not meant to hurt or to kill Scott, he would have aimed his "warning shot" in a more appropriate direction, such as into the air or away from the truck.
"This so-called warning shot went right through Const. Scott's head," she said. "The shot could not have been anything other than intentional."
The defence lawyer argued that Kolola was drunk and not thinking rationally to appreciate the potential lethality of pointing and firing a high-powered rifle at an occupied vehicle.
The defence also relied on evidence that Kolola had become suicidal after drunken confrontations with his common-law spouse and other family members, as he testified that he had loaded his rifle with a single bullet, intent on suicide.
Shooting Scott, according to the defence, was a spur-of-the-moment reaction to Scott's approach.
Unplanned murder in a moment of great emotion is usually classed as second-degree murder, but when the victim is an on-duty peace officer, the Criminal Code requires it be treated as a first-degree charge.
At the start of his trial, Kolola's guilty plea to manslaughter was rejected.
Jury deliberations carried into evening hours Monday and could continue on Tuesday if a verdict is not reached.
Photograph by: Kathleen Lippa, for Northern News Services Limited
Source: Montreal Gazette
NUNAVAT - The fate of a Nunavut man on trial for the killing of an RCMP officer more than two years ago rests on one issue — intent.
An 11-person jury sitting in Iqaluit retired mid-afternoon Monday to decide between a verdict of first-degree murder or one of manslaughter in the trial of Pingoatuk Kolola, accused of killing RCMP Const. Douglas Scott in November 2007 as the officer was responding to a drunk driving complaint in the northern town of Kimmirut.
"In Canada, any blameworthy death that is not murder is called manslaughter," Justice Robert Kilpatrick said Monday in his instructions to the jury.
Intent has become the crux of the issue that Crown and defence lawyers have left in the hands of the jury.
Kilpatrick said if Kolola fired on Scott with the intent to kill or to hurt him, then he's guilty of murder. The same is true, Kilpatrick explained, if Kolola fired simply knowing that death or injury could result from his actions in a moment of reckless rage.
But if Kolola fired on Scott while too drunk or confused to realize that he might kill a man, the shooting was an accident and Kolola therefore guilty of the lesser charge of manslaughter.
And Kilpatrick said if the jury has any reasonable doubt of Kolola's intent, such doubt must be applied to Kolola's benefit and the lesser verdict must be applied.
With witnesses and a recorded confession as evidence, there is no doubt that Kolola fired the gun that ended Scott's life.
But defence lawyer Andrew Mahar argued that Kolola — who was angry, drunk and suicidal at the time — had not meant to kill Scott and that the shooting was a tragic accident.
"The greatest danger to police officers doesn't come from criminals," Mahar told the jury. "It comes from the potential for violence in ordinary people."
He added: "There are no monsters here."
Kolola was the only witness in the defence's case, saying in his evidence that the bullet he fired through Scott's skull had been meant to scare him off, fired one-handed while drunk, with his infant son, Adam, cradled in his other arm.
For her part, Crown prosecutor Suzanne Boucher said in closing arguments that the defence's explanation "did not make sense," because "Mr. Kolola knew he was shooting at an on-duty police officer."
Boucher argued that the precision of the lethal shot, combined with Kolola's history of skilled marksmanship, shows that Kolola had meant to fire at the officer, and not just at Scott's vehicle.
The hunter and former prize-winning marksman with the Canadian Rangers had said in court that he and his friends sometimes held one-handed shooting contests while out hunting.
Boucher characterized Kolola as consumed with rage after a night of violent confrontations with family, friends and co-workers, arguing that when Scott came after Kolola in response to the impaired driving complaint, he became an unfortunate victim of that rage.
She argued if Kolola had not meant to hurt or to kill Scott, he would have aimed his "warning shot" in a more appropriate direction, such as into the air or away from the truck.
"This so-called warning shot went right through Const. Scott's head," she said. "The shot could not have been anything other than intentional."
The defence lawyer argued that Kolola was drunk and not thinking rationally to appreciate the potential lethality of pointing and firing a high-powered rifle at an occupied vehicle.
The defence also relied on evidence that Kolola had become suicidal after drunken confrontations with his common-law spouse and other family members, as he testified that he had loaded his rifle with a single bullet, intent on suicide.
Shooting Scott, according to the defence, was a spur-of-the-moment reaction to Scott's approach.
Unplanned murder in a moment of great emotion is usually classed as second-degree murder, but when the victim is an on-duty peace officer, the Criminal Code requires it be treated as a first-degree charge.
At the start of his trial, Kolola's guilty plea to manslaughter was rejected.
Jury deliberations carried into evening hours Monday and could continue on Tuesday if a verdict is not reached.
Ex's SUV torched in drunken rampage, Edmonton man receives jail time
Source: Canoe.ca
ALBERTA - An Edmonton man busted for torching his former flame's SUV after driving drunk from the scene and just missing a police car before smashing into a tree is off to jail.
Anthony Zaozirny, 42, was sentenced Friday to 10 months behind bars, followed by two years' probation, after earlier pleading guilty to arson, impaired driving and two counts of uttering threats to cause death or bodily harm.
Court has heard the bizarre incident stemmed from the oilfield worker becoming upset when his ex-girlfriend became pregnant after their romance ended, and she ignored his attempts to get her to submit to DNA testing so he could find out whether he was the father.
Judge Donna Valgardson noted the relationship had alternated between "reconciliation and revenge" and told Zaozirny to listen when people give him good advice.
"That is forget it and move on," said Valgardson.
Zaozirny was fined $2,000 and banned from driving for 18 months on the impaired conviction. He was ordered to submit a DNA sample for the national DNA databank.
As well, he must pay $4,300 in restitution. While on probation, Zaozirny must take counselling for alcohol abuse and domestic violence.
Court heard Zaozirny had a brief romantic liaison with Bernadette Andrejiw in 2008. The pair had earlier been friends and acquaintances for a number of years.
Their romance ended in July 2008. Zaozirny later learned Andrejiw was pregnant, and he repeatedly tried to contact her to get her to submit to DNA testing.
On March 15, 2009, Zaozirny went to a bar across the street from where he knew she lived and was getting drunk when he saw her pull up in a Ford Explorer.
Court heard Zaozirny smashed a large hole in the SUV's windshield, poured about five litres of gas inside the vehicle and tossed in a match. The SUV was "completely destroyed" and a nearby pickup was also damaged.
As cop cars headed to the scene, Zaozirny was observed making an unsafe turn in front of one cruiser, narrowly missing it, and then crashing into a tree.
An officer pulled over to investigate and quickly realized Zaozirny had been drinking. The officer also smelled gasoline and found a half-empty gas container and a book of matches in the pickup.
At that point, Zaozirny gave a full confession of what he had done and was arrested and charged, court heard.
The oilfield worker was eventually released on his own recognizance with a condition to not contact Andrejiw.
However, Zaozirny repeatedly called the home where Andrejiw was living with Aaron Beattie and threatened to "bury the two of them" and to "rip Mr. Beattie's head off."
Before being sentenced, Zaozirny apologized.
"I totally regret what I did. It was a poor judgment call and alcohol was definitely a factor," said Zaozirny.
ALBERTA - An Edmonton man busted for torching his former flame's SUV after driving drunk from the scene and just missing a police car before smashing into a tree is off to jail.
Anthony Zaozirny, 42, was sentenced Friday to 10 months behind bars, followed by two years' probation, after earlier pleading guilty to arson, impaired driving and two counts of uttering threats to cause death or bodily harm.
Court has heard the bizarre incident stemmed from the oilfield worker becoming upset when his ex-girlfriend became pregnant after their romance ended, and she ignored his attempts to get her to submit to DNA testing so he could find out whether he was the father.
Judge Donna Valgardson noted the relationship had alternated between "reconciliation and revenge" and told Zaozirny to listen when people give him good advice.
"That is forget it and move on," said Valgardson.
Zaozirny was fined $2,000 and banned from driving for 18 months on the impaired conviction. He was ordered to submit a DNA sample for the national DNA databank.
As well, he must pay $4,300 in restitution. While on probation, Zaozirny must take counselling for alcohol abuse and domestic violence.
Court heard Zaozirny had a brief romantic liaison with Bernadette Andrejiw in 2008. The pair had earlier been friends and acquaintances for a number of years.
Their romance ended in July 2008. Zaozirny later learned Andrejiw was pregnant, and he repeatedly tried to contact her to get her to submit to DNA testing.
On March 15, 2009, Zaozirny went to a bar across the street from where he knew she lived and was getting drunk when he saw her pull up in a Ford Explorer.
Court heard Zaozirny smashed a large hole in the SUV's windshield, poured about five litres of gas inside the vehicle and tossed in a match. The SUV was "completely destroyed" and a nearby pickup was also damaged.
As cop cars headed to the scene, Zaozirny was observed making an unsafe turn in front of one cruiser, narrowly missing it, and then crashing into a tree.
An officer pulled over to investigate and quickly realized Zaozirny had been drinking. The officer also smelled gasoline and found a half-empty gas container and a book of matches in the pickup.
At that point, Zaozirny gave a full confession of what he had done and was arrested and charged, court heard.
The oilfield worker was eventually released on his own recognizance with a condition to not contact Andrejiw.
However, Zaozirny repeatedly called the home where Andrejiw was living with Aaron Beattie and threatened to "bury the two of them" and to "rip Mr. Beattie's head off."
Before being sentenced, Zaozirny apologized.
"I totally regret what I did. It was a poor judgment call and alcohol was definitely a factor," said Zaozirny.
Judge admonishes drunk driver left in coma
Source: The Record
ONTARIO - A judge handed out a stiff lecture and fine Friday to a drunk driver who could have died or been left paralyzed after he drove off the road and crashed into a tree.
“Is he a religious man, Mr. Safa?" Justice Bruce Frazer asked Sean Safa, the lawyer for Wayne O’Neil. “There’s someone he should thank for being here today."
O’Neil, 37, pleaded guilty in Kitchener’s Ontario Court to driving with more than the legally allowable amount of alcohol in his blood. Frazer fined him $2,000 and prohibited him from driving for 15 months.
Court heard O’Neil had stopped off to visit a friend in St. George after coming home from work in Milton on Sept. 19. He had a few beers at his friend’s.
On the way home at 4 a.m., he lost control of his car on Highway 24 near St. George. The car careened into a ditch and hit a tree. His lawyer said he remembers nothing.
O’Neil was pinned behind the wheel. The car roof was cut open so he could be pulled out of the mangled wreck.
He was rushed to Cambridge Memorial Hospital with head and neck injuries. He was then flown by air ambulance to a Hamilton hospital where he was in a coma for five days with a broken back and arm, a broken orbital bone in one eye, and a bruised sternum.
“He’s extremely lucky his three girls are not orphaned, or he was not paralyzed for life," Safa said.
A nurse who drove by the accident stopped and made sure he wasn’t moved.
Because alcohol was found in his car, a blood sample was taken in hospital several hours later. His blood-alcohol reading was 0.144. The legal level is 0.80. The judge estimated O’Neil’s blood-alcohol level would have been even higher at the time of the crash.
The exasperated judge wondered why motorists are still driving drunk decades after lawmakers in Canada began drafting new laws and imposing harsher penalities for drinking and driving offences.
“. . . the offences aren’t stopping … the deaths continue," Frazer said. “How is it you would ever have dreamed of getting behind the wheel . . . ?” he asked O’Neil.
He said O’Neil likely played the “game’’ of many drunk drivers by telling himself, ‘‘I don’t feel too bad, I’ll be really careful, or I don’t have too far to go."
O’Neil had options — stay overnight at his friend’s, go to a hotel or call a cab, Frazer said. But he chose the option of running a risk “of killing someone,’’ the judge said.
“Dare I say, in the twinkling of an eye, the result could have been fatal."
O’Neil, whose wife was in court, told the judge, “I do realize this is the biggest mistake of my life."
ONTARIO - A judge handed out a stiff lecture and fine Friday to a drunk driver who could have died or been left paralyzed after he drove off the road and crashed into a tree.
“Is he a religious man, Mr. Safa?" Justice Bruce Frazer asked Sean Safa, the lawyer for Wayne O’Neil. “There’s someone he should thank for being here today."
O’Neil, 37, pleaded guilty in Kitchener’s Ontario Court to driving with more than the legally allowable amount of alcohol in his blood. Frazer fined him $2,000 and prohibited him from driving for 15 months.
Court heard O’Neil had stopped off to visit a friend in St. George after coming home from work in Milton on Sept. 19. He had a few beers at his friend’s.
On the way home at 4 a.m., he lost control of his car on Highway 24 near St. George. The car careened into a ditch and hit a tree. His lawyer said he remembers nothing.
O’Neil was pinned behind the wheel. The car roof was cut open so he could be pulled out of the mangled wreck.
He was rushed to Cambridge Memorial Hospital with head and neck injuries. He was then flown by air ambulance to a Hamilton hospital where he was in a coma for five days with a broken back and arm, a broken orbital bone in one eye, and a bruised sternum.
“He’s extremely lucky his three girls are not orphaned, or he was not paralyzed for life," Safa said.
A nurse who drove by the accident stopped and made sure he wasn’t moved.
Because alcohol was found in his car, a blood sample was taken in hospital several hours later. His blood-alcohol reading was 0.144. The legal level is 0.80. The judge estimated O’Neil’s blood-alcohol level would have been even higher at the time of the crash.
The exasperated judge wondered why motorists are still driving drunk decades after lawmakers in Canada began drafting new laws and imposing harsher penalities for drinking and driving offences.
“. . . the offences aren’t stopping … the deaths continue," Frazer said. “How is it you would ever have dreamed of getting behind the wheel . . . ?” he asked O’Neil.
He said O’Neil likely played the “game’’ of many drunk drivers by telling himself, ‘‘I don’t feel too bad, I’ll be really careful, or I don’t have too far to go."
O’Neil had options — stay overnight at his friend’s, go to a hotel or call a cab, Frazer said. But he chose the option of running a risk “of killing someone,’’ the judge said.
“Dare I say, in the twinkling of an eye, the result could have been fatal."
O’Neil, whose wife was in court, told the judge, “I do realize this is the biggest mistake of my life."
Trial set in death of Windsor cyclist Meredith McPhee
Source: Windsor Star
ONTARIO - A man charged with the death of a Windsor woman near Tobermory in 2008 has been committed to stand trial for drunk driving.
Mark Patterson of North Bruce Peninsula is charged with impaired driving causing death and driving with more than the legal limit of alcohol in his blood for running his truck into Meredith McPhee, 32, who was cycling near her family cottage.
After a two-day preliminary hearing in Owen Sound this week, Patterson was committed to stand trial. He will appear in Superior Court in Owen Sound next month to set a trial date.
McPhee had been vacationing with her parents at the family cottage when she was killed July 12, 2008. She was struck by a pickup truck while riding her bicycle on Highway 6 south of Tobermory.
The daughter of Windsor police Insp. George McPhee, Meredith also worked for the police service, first as a 911 dispatcher, then processing court information.
ONTARIO - A man charged with the death of a Windsor woman near Tobermory in 2008 has been committed to stand trial for drunk driving.
Mark Patterson of North Bruce Peninsula is charged with impaired driving causing death and driving with more than the legal limit of alcohol in his blood for running his truck into Meredith McPhee, 32, who was cycling near her family cottage.After a two-day preliminary hearing in Owen Sound this week, Patterson was committed to stand trial. He will appear in Superior Court in Owen Sound next month to set a trial date.
McPhee had been vacationing with her parents at the family cottage when she was killed July 12, 2008. She was struck by a pickup truck while riding her bicycle on Highway 6 south of Tobermory.
The daughter of Windsor police Insp. George McPhee, Meredith also worked for the police service, first as a 911 dispatcher, then processing court information.
Calgarian crippled in fatal U.S. crash won't face charges
Source: Calgary Herald
WASHINGTON - U.S. prosecutors won't pursue charges against a Calgary man who was driving an SUV that went off the road and killed two young women and severely injured another, saying the driver has suffered enough and lives with "crippling injuries."
Benjamin Harms, who was 18 at the time of the crash, was facing a charge of vehicular manslaughter after the incident near Seattle last summer. Washington State troopers suspected he was high on drugs at the time.
On Friday, Thurston County prosecutor Ed Holm said Harms doesn't deserve further punishment.
"He's crippled for life and we thought that was enough," Holm said.
"It's a terrible, terrible thing for everyone. He has terrible injuries and two of his friends were killed. We made a judgment call to not further punish him with prison."
Holm said the prosecutor's office looked to the families involved and victims groups in Washington to help with their decision.
"No one was pressing for more charges," he said. "Everyone agrees that he will keep suffering for the rest of his life."
Mikelle Hendrickson and Kylie Doxtater, both 18, were killed on July 19, 2009, when the Honda CR-V that Harms was driving on a Washington highway missed a bend in the road and went off an embankment near Olympia.
The vehicle became airborne, smacked into several trees and then caught fire.
Eighteen-year-old Lena Elliott's back and neck were broken in the crash and she was badly burned. She underwent surgery to have several screws inserted in her spine.
The friends were on a three-week, post-graduation road trip through Arizona and California. All three girls had graduated from Bowness High School the month before, while Harms had graduated from Springbank Community High School.
All were wearing seatbelts. Following the crash, Harms told troopers he had fallen asleep at the wheel. A small quantity of drugs was seized from the vehicle and the driver gave a blood sample at the scene after troopers suspected he was under the influence.
Harms sustained serious burns and was hospitalized in Seattle.
Holm said Friday that Harms sustained serious injuries and burns to his lower body.
WASHINGTON - U.S. prosecutors won't pursue charges against a Calgary man who was driving an SUV that went off the road and killed two young women and severely injured another, saying the driver has suffered enough and lives with "crippling injuries."
Benjamin Harms, who was 18 at the time of the crash, was facing a charge of vehicular manslaughter after the incident near Seattle last summer. Washington State troopers suspected he was high on drugs at the time.
On Friday, Thurston County prosecutor Ed Holm said Harms doesn't deserve further punishment.
"He's crippled for life and we thought that was enough," Holm said.
"It's a terrible, terrible thing for everyone. He has terrible injuries and two of his friends were killed. We made a judgment call to not further punish him with prison."
Holm said the prosecutor's office looked to the families involved and victims groups in Washington to help with their decision.
"No one was pressing for more charges," he said. "Everyone agrees that he will keep suffering for the rest of his life."
Mikelle Hendrickson and Kylie Doxtater, both 18, were killed on July 19, 2009, when the Honda CR-V that Harms was driving on a Washington highway missed a bend in the road and went off an embankment near Olympia.
The vehicle became airborne, smacked into several trees and then caught fire.
Eighteen-year-old Lena Elliott's back and neck were broken in the crash and she was badly burned. She underwent surgery to have several screws inserted in her spine.
The friends were on a three-week, post-graduation road trip through Arizona and California. All three girls had graduated from Bowness High School the month before, while Harms had graduated from Springbank Community High School.
All were wearing seatbelts. Following the crash, Harms told troopers he had fallen asleep at the wheel. A small quantity of drugs was seized from the vehicle and the driver gave a blood sample at the scene after troopers suspected he was under the influence.
Harms sustained serious burns and was hospitalized in Seattle.
Holm said Friday that Harms sustained serious injuries and burns to his lower body.
Lower limits and random tests will save lives
Source: Vancouver Sun
BRITISH COLUMBIA - Proposals for changes to the Criminal Code that would lower blood alcohol limits for drivers and provide for random testing to determine levels of impairment have predictably triggered a debate over whether the measures go too far in a democratic society.
We should be arguing instead over whether the measures go far enough.
Impaired drivers are killing their fellow Canadians in numbers that exceed our war casualties in Afghanistan.
In fact, estimating from Transport Canada tables for national traffic fatalities between 1980 and 2006 and from epidemiological research estimating the role of alcohol in those fatalities, impaired drivers have now killed just about as many of themselves, other drivers, passengers and pedestrians as the number of Canadian soldiers the Axis managed to kill during the Second World War.
Calculating conservatively, based on the annual number of alcohol-related driving injuries -- which range from catastrophic brain damage, paralysis and disfigurement to minor cuts and bruises requiring medical attention -- the total impaired driving casualty rate since 1980 now approaches two million victims.
It's estimated that in 2006 alone, the most recent year for which I could obtain firm statistics, alcohol was responsible for 1,278 traffic fatalities, 75,374 injuries and 163,893 non-injury crashes resulting in property damage. The total estimated cost was $12.8 billion.
So we are talking about a phenomenon which should be considered on the same scale of magnitude as any of the major wars in which Canada has been involved.
Considered in that light, perhaps the blood alcohol limit should be reduced to zero with graduated penalties increasing substantially and incrementally as blood alcohol levels rise for any driver testing positive. Penalties could start with roadside suspensions and fines and rise sharply through confiscation of the vehicle to jail sentences.
There's plenty of scientific research showing that the lower the threshold for considering a driver impaired, the greater the reduction in alcohol-related collisions and fatalities, particularly among younger drivers.
A recent Canadian study at the University of Western Ontario evaluated the effectiveness of graduated licensing programs for new drivers, which imposed either very low or zero tolerance for blood alcohol concentrations. After reviewing the current scientific evidence, the researchers urged that blood alcohol limits for all drivers under 21 be reduced to zero. Perhaps it should be zero tolerance for all drivers under 25.
This doesn't seem unreasonable considering that vehicle crashes are among the leading causes of death for youth and that 45.4 per cent of the drivers killed in 2006 who were aged 20 to 25 had been drinking.
Another study published in the Journal of Safety Research in 2006 examined the impact of lowering legally accepted blood alcohol concentrations for drivers from .10 to .08 in 14 American states and concluded that doing so reduced alcoholrelated crashes, fatalities and injuries by up to 16 per cent.
"There is strong evidence in the literature that lowering the blood alcohol concentration from .10 to .08 is effective, that lowering the blood alcohol concentration limit from .08 to .05 is effective, and that lowering the blood alcohol concentration limit for youth to .02 or lower is effective," the authors said. "These law changes serve as a general deterrent to drinking and driving and ultimately save lives."
Considered another way, the .08 blood alcohol limit gives a 77 kilogram man permission to consume a drink every 15 minutes for an hour on an empty stomach. A 60 kilogram woman has permission to consume a drink every 20 minutes. As one researcher observed, this is not exactly social drinking and when people's blood alcohol concentration reaches .08 they are already showing severe impairment in critical driving skills like judging distance and speed, steering, visual tracking, ability to concentrate, braking and staying in the driving lane.
Drinkers, of course, argue that they aren't impaired until after they hit the magic .08 threshold but by the time they reach that level they are already 11 times more likely to be involved in a fatal crash than somebody who has had zero to drink.
Logically, then, somebody at .05 or .07 is already in the range of impairment that should prohibit them from getting behind the wheel. This is corroborated by research conducted in 2006 by James Fell and Robert Voas for the Journal of Safety Research, which found that most drivers are "significantly impaired" at a .05 blood alcohol concentration.
Other research in Japan found that driving skills deteriorate and crash-involvement risk increases beginning at .02 per cent and concluded that higher blood alcohol standards encouraged drinkers to overestimate their capacity to consume alcohol before getting behind the wheel.
"There are consequences attached to setting a blood alcohol concentration limit so high that a 72 kilogram man can drink five bottles of beer and still be under the legal limit," the authors said.
In Japan, where permissible blood alcohol concentration for drivers was lowered to .03 per cent in 2002, subsequent research found statistically significant decreases in alcoholrelated crashes, single-vehicle night crashes and injury collisions for drivers aged 16-19.
"The evidence suggests that the lower blood alcohol concentration legal limit and perceived risk of detection are the two most important factors resulting in a sustained change in drinking and driving behaviour in Japan," the researchers concluded.
What were the consequences of the lowered limits? A study at the University of Tsukuba's Institute of Social Sciences found that as legal blood alcohol concentrations were lowered, alcohol involvement in fatal crashes declined "substantially."
Research in the U.S. reaches the same conclusions. An analysis of 25 years of data from 28 states found that by lowering blood alcohol limits from .10 to .08, an estimated 360 driving fatalities were avoided each year. "An additional 538 lives could be saved each year if the United States reduced the limit to .05, consistent with limits in most countries worldwide," the researchers argued.
Discussion over whether police should be empowered to administer random breathalyser tests to nab drivers over the legal limit will likely be heated.
However, perhaps it's worth remembering that a study of more than 6,000 drivers admitted to B.C. hospitals following a crash during the years from 1992 to 2000 found that only a third were tested for blood alcohol levels but of those who were, 47.1 per cent had been drinking.
Are random breath tests reasonable?
One might consider that proposal in the context of airport and other security measures enacted to deal with international terrorism.
In the big picture, Canadians are at far greater threat of being killed or maimed by some driver who pounds back five beers after work and then climbs into a car convinced that he or she is not impaired than they are at risk from international terrorists.
We need to get drunk drivers off the road and save lives -- their own and their innocent victims. That's what should be informing this public discussion rather than self-interested prejudices and misconceptions about the magnitude of the problem.
BRITISH COLUMBIA - Proposals for changes to the Criminal Code that would lower blood alcohol limits for drivers and provide for random testing to determine levels of impairment have predictably triggered a debate over whether the measures go too far in a democratic society.
We should be arguing instead over whether the measures go far enough.
Impaired drivers are killing their fellow Canadians in numbers that exceed our war casualties in Afghanistan.
In fact, estimating from Transport Canada tables for national traffic fatalities between 1980 and 2006 and from epidemiological research estimating the role of alcohol in those fatalities, impaired drivers have now killed just about as many of themselves, other drivers, passengers and pedestrians as the number of Canadian soldiers the Axis managed to kill during the Second World War.
Calculating conservatively, based on the annual number of alcohol-related driving injuries -- which range from catastrophic brain damage, paralysis and disfigurement to minor cuts and bruises requiring medical attention -- the total impaired driving casualty rate since 1980 now approaches two million victims.
It's estimated that in 2006 alone, the most recent year for which I could obtain firm statistics, alcohol was responsible for 1,278 traffic fatalities, 75,374 injuries and 163,893 non-injury crashes resulting in property damage. The total estimated cost was $12.8 billion.
So we are talking about a phenomenon which should be considered on the same scale of magnitude as any of the major wars in which Canada has been involved.
Considered in that light, perhaps the blood alcohol limit should be reduced to zero with graduated penalties increasing substantially and incrementally as blood alcohol levels rise for any driver testing positive. Penalties could start with roadside suspensions and fines and rise sharply through confiscation of the vehicle to jail sentences.
There's plenty of scientific research showing that the lower the threshold for considering a driver impaired, the greater the reduction in alcohol-related collisions and fatalities, particularly among younger drivers.
A recent Canadian study at the University of Western Ontario evaluated the effectiveness of graduated licensing programs for new drivers, which imposed either very low or zero tolerance for blood alcohol concentrations. After reviewing the current scientific evidence, the researchers urged that blood alcohol limits for all drivers under 21 be reduced to zero. Perhaps it should be zero tolerance for all drivers under 25.
This doesn't seem unreasonable considering that vehicle crashes are among the leading causes of death for youth and that 45.4 per cent of the drivers killed in 2006 who were aged 20 to 25 had been drinking.
Another study published in the Journal of Safety Research in 2006 examined the impact of lowering legally accepted blood alcohol concentrations for drivers from .10 to .08 in 14 American states and concluded that doing so reduced alcoholrelated crashes, fatalities and injuries by up to 16 per cent.
"There is strong evidence in the literature that lowering the blood alcohol concentration from .10 to .08 is effective, that lowering the blood alcohol concentration limit from .08 to .05 is effective, and that lowering the blood alcohol concentration limit for youth to .02 or lower is effective," the authors said. "These law changes serve as a general deterrent to drinking and driving and ultimately save lives."
Considered another way, the .08 blood alcohol limit gives a 77 kilogram man permission to consume a drink every 15 minutes for an hour on an empty stomach. A 60 kilogram woman has permission to consume a drink every 20 minutes. As one researcher observed, this is not exactly social drinking and when people's blood alcohol concentration reaches .08 they are already showing severe impairment in critical driving skills like judging distance and speed, steering, visual tracking, ability to concentrate, braking and staying in the driving lane.
Drinkers, of course, argue that they aren't impaired until after they hit the magic .08 threshold but by the time they reach that level they are already 11 times more likely to be involved in a fatal crash than somebody who has had zero to drink.
Logically, then, somebody at .05 or .07 is already in the range of impairment that should prohibit them from getting behind the wheel. This is corroborated by research conducted in 2006 by James Fell and Robert Voas for the Journal of Safety Research, which found that most drivers are "significantly impaired" at a .05 blood alcohol concentration.
Other research in Japan found that driving skills deteriorate and crash-involvement risk increases beginning at .02 per cent and concluded that higher blood alcohol standards encouraged drinkers to overestimate their capacity to consume alcohol before getting behind the wheel.
"There are consequences attached to setting a blood alcohol concentration limit so high that a 72 kilogram man can drink five bottles of beer and still be under the legal limit," the authors said.
In Japan, where permissible blood alcohol concentration for drivers was lowered to .03 per cent in 2002, subsequent research found statistically significant decreases in alcoholrelated crashes, single-vehicle night crashes and injury collisions for drivers aged 16-19.
"The evidence suggests that the lower blood alcohol concentration legal limit and perceived risk of detection are the two most important factors resulting in a sustained change in drinking and driving behaviour in Japan," the researchers concluded.
What were the consequences of the lowered limits? A study at the University of Tsukuba's Institute of Social Sciences found that as legal blood alcohol concentrations were lowered, alcohol involvement in fatal crashes declined "substantially."
Research in the U.S. reaches the same conclusions. An analysis of 25 years of data from 28 states found that by lowering blood alcohol limits from .10 to .08, an estimated 360 driving fatalities were avoided each year. "An additional 538 lives could be saved each year if the United States reduced the limit to .05, consistent with limits in most countries worldwide," the researchers argued.
Discussion over whether police should be empowered to administer random breathalyser tests to nab drivers over the legal limit will likely be heated.
However, perhaps it's worth remembering that a study of more than 6,000 drivers admitted to B.C. hospitals following a crash during the years from 1992 to 2000 found that only a third were tested for blood alcohol levels but of those who were, 47.1 per cent had been drinking.
Are random breath tests reasonable?
One might consider that proposal in the context of airport and other security measures enacted to deal with international terrorism.
In the big picture, Canadians are at far greater threat of being killed or maimed by some driver who pounds back five beers after work and then climbs into a car convinced that he or she is not impaired than they are at risk from international terrorists.
We need to get drunk drivers off the road and save lives -- their own and their innocent victims. That's what should be informing this public discussion rather than self-interested prejudices and misconceptions about the magnitude of the problem.
Friday, March 12, 2010
Call 911 to report drunk drivers: Saskatoon police
Source: CBC.ca
SASKATCHEWAN - People in Saskatoon who see drunk drivers are being encouraged to call 911.
The pilot program, called Report Impaired Drivers, lets the public know that if they see impaired drivers, they should call the number that's normally used for reporting police, fire and ambulance emergencies.
"If you do see an erratic driver, please let us know," Saskatoon Police Chief Clive Weighill said. "We're going to open the flood gates, as it were, to use 911."
Anyone reporting an impaired driver will not be identified, Weighill said.
The Saskatchewan government says it will publicize the program at nine provincially owned liquor stores in Saskatoon. It will also ask bars and restaurants to spread the word.
Drinking and driving continues to be the number one contributing factor in fatal collisions in Saskatchewan, said June Draude, the minister responsible for Saskatchewan Government Insurance.
Since a new law prohibits people from using handheld cellphones while they drive, the government is telling drivers they should pull over to the side of the road before dialing, or else have a passenger call 911.
SASKATCHEWAN - People in Saskatoon who see drunk drivers are being encouraged to call 911.
The pilot program, called Report Impaired Drivers, lets the public know that if they see impaired drivers, they should call the number that's normally used for reporting police, fire and ambulance emergencies.
"If you do see an erratic driver, please let us know," Saskatoon Police Chief Clive Weighill said. "We're going to open the flood gates, as it were, to use 911."
Anyone reporting an impaired driver will not be identified, Weighill said.
The Saskatchewan government says it will publicize the program at nine provincially owned liquor stores in Saskatoon. It will also ask bars and restaurants to spread the word.
Drinking and driving continues to be the number one contributing factor in fatal collisions in Saskatchewan, said June Draude, the minister responsible for Saskatchewan Government Insurance.
Since a new law prohibits people from using handheld cellphones while they drive, the government is telling drivers they should pull over to the side of the road before dialing, or else have a passenger call 911.
Court stays impaired driving charge against Mountie
Source: CTV BC
BRITISH COLUMBIA - A provincial court has stayed a drinking and driving charge against a Vernon, B.C., Mountie.
Const. Jody Turpin was arrested in the early hours of Dec. 19 last year after two fellow detachment members found him sitting inside his parked car and suspected he was getting ready to drive while impaired.
In court Thursday, Turpin pleaded guilty for refusing to provide a breath sample. The Crown stayed the original charge of impaired driving.
He must now pay a $1,000 fine and is prohibited from driving for one year.
The officer, who was transferred to administrative duties after his arrest, still faces an internal RCMP Code of Conduct investigation.
If found guilty, he faces a loss of pay or an outright dismissal from the force.
BRITISH COLUMBIA - A provincial court has stayed a drinking and driving charge against a Vernon, B.C., Mountie.
Const. Jody Turpin was arrested in the early hours of Dec. 19 last year after two fellow detachment members found him sitting inside his parked car and suspected he was getting ready to drive while impaired.
In court Thursday, Turpin pleaded guilty for refusing to provide a breath sample. The Crown stayed the original charge of impaired driving.
He must now pay a $1,000 fine and is prohibited from driving for one year.
The officer, who was transferred to administrative duties after his arrest, still faces an internal RCMP Code of Conduct investigation.
If found guilty, he faces a loss of pay or an outright dismissal from the force.
No-show threat lands St. John's drunk driver in jail
Source: CBC.ca
NEWFOUNDLAND - A St. John's man wound up in the city lockup after he told officers he would not make a court date on an impaired driving charge, police said Friday.
The Royal Newfoundland Constabulary said a man was arrested Thursday evening after a parked car was hit in the north end of St. John's.
Police informed the man he would be charged in court for impaired driving and refusing a breathalyzer.
But when the man told police he would not show up in court, the RNC took the man into custody and brought him to the city lockup.
He is scheduled to be escorted to an appearance in provincial court on Friday.
NEWFOUNDLAND - A St. John's man wound up in the city lockup after he told officers he would not make a court date on an impaired driving charge, police said Friday.
The Royal Newfoundland Constabulary said a man was arrested Thursday evening after a parked car was hit in the north end of St. John's.
Police informed the man he would be charged in court for impaired driving and refusing a breathalyzer.
But when the man told police he would not show up in court, the RNC took the man into custody and brought him to the city lockup.
He is scheduled to be escorted to an appearance in provincial court on Friday.
Man, 33, killed in snowmobile collision near Nipawin, alcohol involved
Source: Regina Leader-Post
SASKATCHEWAN - A 33-year-old man is dead following a snowmobile crash last weekend in northern Saskatchewan.
Nipawin RCMP were called to the scene of a collision one kilometre south of White Fox, shortly after 7 p.m. on March 6. The man, who was operating the snowmobile, was taken by emergency services to hospital in Nipawin suffering from abdominal pain. He was later air lifted to hospital in Saskatoon, where he died from his injuries.
No other vehicles were involved in the incident.
Speed and alcohol were factors in the collision, say RCMP.
White Fox is approximately 128 kilometres east of Prince Albert.
SASKATCHEWAN - A 33-year-old man is dead following a snowmobile crash last weekend in northern Saskatchewan.
Nipawin RCMP were called to the scene of a collision one kilometre south of White Fox, shortly after 7 p.m. on March 6. The man, who was operating the snowmobile, was taken by emergency services to hospital in Nipawin suffering from abdominal pain. He was later air lifted to hospital in Saskatoon, where he died from his injuries.
No other vehicles were involved in the incident.
Speed and alcohol were factors in the collision, say RCMP.
White Fox is approximately 128 kilometres east of Prince Albert.
Robert Young pleads guilty in impaired driving death of Heather Saaltink
Source: Cornwall Standard Freeholder
ONTARIO - A North Stormont man has pled guilty to drunk driving causing the death of Heather Saaltink, a local woman who died in December 2008 when the car she was driving collided with a truck.
Robert Young, the 48-year-old driver of the truck, appeared in court Friday to take responsibility for the death of Saaltink, a 22-year-old student at Lakehead University, and the injuries to her father Rik and younger sister Emma.
The collision occurred around 11 p.m. on Dec. 17, 2008 on Highway 138 more than four kilometres from the Dew Drop Inn, where Young had been drinking beer, shooters and eating chicken wings.
A police officer found Young's blood alcohol content to be 189 milligrams per 100 millilitres of blood when it was first tested at the scene.
That's more than 100 mg above the legal limit.
Young returns to court for sentencing on July 7.
ONTARIO - A North Stormont man has pled guilty to drunk driving causing the death of Heather Saaltink, a local woman who died in December 2008 when the car she was driving collided with a truck.
Robert Young, the 48-year-old driver of the truck, appeared in court Friday to take responsibility for the death of Saaltink, a 22-year-old student at Lakehead University, and the injuries to her father Rik and younger sister Emma.
The collision occurred around 11 p.m. on Dec. 17, 2008 on Highway 138 more than four kilometres from the Dew Drop Inn, where Young had been drinking beer, shooters and eating chicken wings.
A police officer found Young's blood alcohol content to be 189 milligrams per 100 millilitres of blood when it was first tested at the scene.
That's more than 100 mg above the legal limit.
Young returns to court for sentencing on July 7.
Inuvik cabbie says he was driving during crash
Source: Northern News Service
Northwest Territories - Police say the owner of a Delta Cabs vehicle which crashed on the ice road last month was not behind the wheel and a female suspect is facing pending charges of drunk driving and impaired operation of a vehicle causing bodily harm.
"The investigation (into the collision) revealed the cab itself was being operated by an intoxicated female, not the cab owner or the cab driver," said Cpl. Sean Doornbos.
He said a total of three people, including another female and a male, were in the vehicle at the time of the crash. Though Doornbos wouldn't reveal their names because the case is under investigation, Ayman El Shafei, Delta Cabs general manager, confirmed that the cab's owner Rezaur Rahman was in the vehicle.
But El Shafei said Rahman had been driving at the time of the crash and that it occurred after his shift finished.
According to Doornbos, the crash happened near the intersection of the ice road and Carn Street, which leads to Arctic Chalet, at around 6 a.m. on Feb. 25.
"The vehicle, which was travelling southbound on the ice road, hit a three or four foot snow berm and went airborne approximately 50 metres," said Doornbos.
He said police arrived at the scene of the crash shortly after the crash occurred; by then the occupants were gone.
Rahman is being treated at Inuvik Regional Hospital for, he said, severe frostbite to his hands and feet, which he suffered after the crash.
Read more on this article at Northern News Service online ...
Northwest Territories - Police say the owner of a Delta Cabs vehicle which crashed on the ice road last month was not behind the wheel and a female suspect is facing pending charges of drunk driving and impaired operation of a vehicle causing bodily harm.
"The investigation (into the collision) revealed the cab itself was being operated by an intoxicated female, not the cab owner or the cab driver," said Cpl. Sean Doornbos.
He said a total of three people, including another female and a male, were in the vehicle at the time of the crash. Though Doornbos wouldn't reveal their names because the case is under investigation, Ayman El Shafei, Delta Cabs general manager, confirmed that the cab's owner Rezaur Rahman was in the vehicle.
But El Shafei said Rahman had been driving at the time of the crash and that it occurred after his shift finished.
According to Doornbos, the crash happened near the intersection of the ice road and Carn Street, which leads to Arctic Chalet, at around 6 a.m. on Feb. 25.
"The vehicle, which was travelling southbound on the ice road, hit a three or four foot snow berm and went airborne approximately 50 metres," said Doornbos.
He said police arrived at the scene of the crash shortly after the crash occurred; by then the occupants were gone.
Rahman is being treated at Inuvik Regional Hospital for, he said, severe frostbite to his hands and feet, which he suffered after the crash.
Read more on this article at Northern News Service online ...
Nova Scotia motorist cleared by judge for refusing blood sample after car crash
Source: Pictou County News
NOVA SCOTIA - A provincial court judge has found a Nova Scotia motorist not guilty of refusing to comply with a police demand for a blood sample to test for intoxication.
Elizabeth Ann Doyle of New Waterford was charged after she was involved in a single-vehicle crash in Cape Breton.
The 28-year old was the lone occupant of a car when it left the road for no apparent reason at 7:30 a.m. on a sunny Sunday morning in July 2008.
An ambulance and police arrived shortly afterward, and an officer smelled alcohol on Doyle’s breath and noted her speech was laboured.
When Doyle was put in the ambulance, the officer concluded he required a blood sample because it wasn’t possible to take Doyle to the detachment for a breath sample.
Officers demanding blood samples must ensure that the accused is incapable of giving a breath sample, qualified medical personnel are available and that the process won’t endanger the health of the accused.
Judge Peter Ross’s 35-page ruling, released Thursday, noted it would have been impossible for the officer to get a breath sample right away.
However he agreed with defence counsel Ann Marie MacInnes who argued that the officer should have waited until Doyle’s medical status was determined before making the demand.
“Defence has argued that (the constable) acted precipitously — that he did not follow the accused to hospital, did not ascertain her medical condition, did not inquire how long she might be held for treatment, nor even allow sufficient time for he himself to make any such assessment,” Ross wrote.
“I think these arguments have merit.”
Ross ruled that the blood demand was invalid, noting the evidence failed to show that it was impossible for the officer to obtain a breath sample within a reasonable time.
The judge also dismissed an impaired driving charge.
NOVA SCOTIA - A provincial court judge has found a Nova Scotia motorist not guilty of refusing to comply with a police demand for a blood sample to test for intoxication.
Elizabeth Ann Doyle of New Waterford was charged after she was involved in a single-vehicle crash in Cape Breton.
The 28-year old was the lone occupant of a car when it left the road for no apparent reason at 7:30 a.m. on a sunny Sunday morning in July 2008.
An ambulance and police arrived shortly afterward, and an officer smelled alcohol on Doyle’s breath and noted her speech was laboured.
When Doyle was put in the ambulance, the officer concluded he required a blood sample because it wasn’t possible to take Doyle to the detachment for a breath sample.
Officers demanding blood samples must ensure that the accused is incapable of giving a breath sample, qualified medical personnel are available and that the process won’t endanger the health of the accused.
Judge Peter Ross’s 35-page ruling, released Thursday, noted it would have been impossible for the officer to get a breath sample right away.
However he agreed with defence counsel Ann Marie MacInnes who argued that the officer should have waited until Doyle’s medical status was determined before making the demand.
“Defence has argued that (the constable) acted precipitously — that he did not follow the accused to hospital, did not ascertain her medical condition, did not inquire how long she might be held for treatment, nor even allow sufficient time for he himself to make any such assessment,” Ross wrote.
“I think these arguments have merit.”
Ross ruled that the blood demand was invalid, noting the evidence failed to show that it was impossible for the officer to obtain a breath sample within a reasonable time.
The judge also dismissed an impaired driving charge.
Crown expected to withdraw DUI charges in death of Frank Ireland
Source: London Free Press
ONTARIO - Almost five years after a car crash killed his friend, Brenton Nicholas sat in a courtroom and cried.
The tears were for Frank Ireland, not for the guilty pleas he entered to driving with more than 80 milligrams of alcohol in his system and driving while disqualified.
A charge of impaired driving causing death and impaired driving causing bodily harm that he originally faced were not read and there was indication the Crown will formally withdraw the charges.
Assistant Crown attorney Fraser Ball told Justice John McGarry the crash happened on the Oneida Settlement about 4 a.m. on Aug. 20, 2005.
Nicholas, Ireland and Randi Riley had been drinking while sitting around a campfire at Ireland's house when they decided to take a drive.
Nicholas took the wheel of the 1995 Plymouth Acclaim, with Ireland in the front passenger seat and Riley in the rear passenger seat.
They drove around the Chippewa Settlement and then onto Oneida.
While on Oneida Rd., a van with no lights on backed out of a driveway and into Nicholas's path.
Nicholas swerved but was unable to avoid a collision and ended up in the ditch.
Ireland was killed. Riley and Nicholas were severely injured.
Riley testified at a previous preliminary hearing that Nicholas had no option other than what he did.
The Crown and the defence agreed Nicholas was not accountable for "the tragic consequences of the accident," Ball said.
His lawyer, Anthony Little, said Nicholas is upset by the circumstances and still has lingering medical conditions from his injuries. Nicholas wiped his eyes.
Little admitted Nicholas had no driver's licence.
McGarry noted Nicholas, 46, has "a fairly extensive record" for driving while disqualified.
A pre-sentence report was ordered.
He is expected to be sentenced May 14.
ONTARIO - Almost five years after a car crash killed his friend, Brenton Nicholas sat in a courtroom and cried.
The tears were for Frank Ireland, not for the guilty pleas he entered to driving with more than 80 milligrams of alcohol in his system and driving while disqualified.
A charge of impaired driving causing death and impaired driving causing bodily harm that he originally faced were not read and there was indication the Crown will formally withdraw the charges.
Assistant Crown attorney Fraser Ball told Justice John McGarry the crash happened on the Oneida Settlement about 4 a.m. on Aug. 20, 2005.
Nicholas, Ireland and Randi Riley had been drinking while sitting around a campfire at Ireland's house when they decided to take a drive.
Nicholas took the wheel of the 1995 Plymouth Acclaim, with Ireland in the front passenger seat and Riley in the rear passenger seat.
They drove around the Chippewa Settlement and then onto Oneida.
While on Oneida Rd., a van with no lights on backed out of a driveway and into Nicholas's path.
Nicholas swerved but was unable to avoid a collision and ended up in the ditch.
Ireland was killed. Riley and Nicholas were severely injured.
Riley testified at a previous preliminary hearing that Nicholas had no option other than what he did.
The Crown and the defence agreed Nicholas was not accountable for "the tragic consequences of the accident," Ball said.
His lawyer, Anthony Little, said Nicholas is upset by the circumstances and still has lingering medical conditions from his injuries. Nicholas wiped his eyes.
Little admitted Nicholas had no driver's licence.
McGarry noted Nicholas, 46, has "a fairly extensive record" for driving while disqualified.
A pre-sentence report was ordered.
He is expected to be sentenced May 14.
Man convicted in fatal crash which took the life of Shana Lee Berryman denies using drugs
Source: Telegraph-Journal
Sentencing on charge of dangerous driving causing death delayed to April 1
NEW BRUNSWICK - Daniel Charles Northrup's sentencing for dangerous driving causing death, after a crash that left a Belleisle Creek woman dead, was put on hold Thursday over the issue of alleged cocaine use.
In her delivery of facts around the death of Shana Lee Berryman in a car driven by Northrup, prosecutor Darlene Blunston said Northrup used cocaine just before the crash.
Northrup has admitted he was impaired and drove dangerously, causing the death of Berryman, 19. Northrup, a 24-year-old Sussex native, also pleaded guilty to refusing a breathalyzer demand after the crash, but he denies using cocaine.
RELATED
Mother of dead woman says admission has been a long time coming
Since whether or not he used cocaine is disputed the Crown will call evidence on that issue on April 1 in Sussex provincial court. In January Northrup's lawyer, David Lutz, entered a guilty plea on his client's behalf, but Thursday was the first time the Crown presented the details of what happened the night of June 22, 2008.
Northrup was home in Sussex visiting on June 21, when he went out for a night of partying, Blunston said. He spent hours drinking with friends starting at the Golden Arrows Sports Bar in Sussex. Witnesses say he drank heavily there between the hours of 10:30 p.m. and midnight and was seen stumbling around and being unusually loud.
Northrup then went to the Thirsty Mule Saloon in Sussex, where patrons saw him consume at least two rum and cokes and share a tray of shooters with a friend. That is where Northrup met up with Berryman and Allison Carr.
After the bar closed, just before 2:30 a.m. on June 22, Northrup agreed to give the young women a drive to a friend's house in his rented 2008 Pontiac V6, Blunston said. The young women sat in the back seat, with Berryman behind the driver. Adam Craig was the fourth passenger and sat in front next to Northrup.
After the car left the bar Craig took out cocaine and cut it on a CD case and Northrup snorted some while waiting at a stop sign, Blunston said.
Lutz said while the accused agrees with all the other facts, he denies taking cocaine, but did know that Craig had it.
Northrup started driving erratically and was travelling "all over the road," after the cocaine was used, Blunston said. When the passengers yelled for him to stop, he didn't and ended up losing control of the vehicle just a few minutes away from the bar in Wards Creek.
Read more of this article in the Telegraph-Journal ...
Sentencing on charge of dangerous driving causing death delayed to April 1
NEW BRUNSWICK - Daniel Charles Northrup's sentencing for dangerous driving causing death, after a crash that left a Belleisle Creek woman dead, was put on hold Thursday over the issue of alleged cocaine use.
In her delivery of facts around the death of Shana Lee Berryman in a car driven by Northrup, prosecutor Darlene Blunston said Northrup used cocaine just before the crash.
RELATED
Mother of dead woman says admission has been a long time coming
Since whether or not he used cocaine is disputed the Crown will call evidence on that issue on April 1 in Sussex provincial court. In January Northrup's lawyer, David Lutz, entered a guilty plea on his client's behalf, but Thursday was the first time the Crown presented the details of what happened the night of June 22, 2008.
Northrup was home in Sussex visiting on June 21, when he went out for a night of partying, Blunston said. He spent hours drinking with friends starting at the Golden Arrows Sports Bar in Sussex. Witnesses say he drank heavily there between the hours of 10:30 p.m. and midnight and was seen stumbling around and being unusually loud.
Northrup then went to the Thirsty Mule Saloon in Sussex, where patrons saw him consume at least two rum and cokes and share a tray of shooters with a friend. That is where Northrup met up with Berryman and Allison Carr.
After the bar closed, just before 2:30 a.m. on June 22, Northrup agreed to give the young women a drive to a friend's house in his rented 2008 Pontiac V6, Blunston said. The young women sat in the back seat, with Berryman behind the driver. Adam Craig was the fourth passenger and sat in front next to Northrup.
After the car left the bar Craig took out cocaine and cut it on a CD case and Northrup snorted some while waiting at a stop sign, Blunston said.
Lutz said while the accused agrees with all the other facts, he denies taking cocaine, but did know that Craig had it.
Northrup started driving erratically and was travelling "all over the road," after the cocaine was used, Blunston said. When the passengers yelled for him to stop, he didn't and ended up losing control of the vehicle just a few minutes away from the bar in Wards Creek.
Read more of this article in the Telegraph-Journal ...
Alert Lindsay residents take two impaired drivers off of town streets
Source: The Lindsay Post
ONTARIO - Heads up from the public led to the recent arrests of two motorists, police said.
Officers were called to the area of William and Wellington streets about 9:52 a.m. on Sunday for an erratic driver, City of Kawartha Lakes Police Service stated.
Police tried to pull over a vehicle that did not stop until entering a Churchill Cresc. driveway, police alleged. A 34-year-old Lindsay man was arrested.
Stephen Blondin was charged with impaired driving, refusing to provide a breath sample, flight from police, possession of a controlled substance and several Highway Traffic Act offences. The accused is scheduled to appear in Lindsay court April 15.
A 31-year-old Caesarea was arrested after police were called to an erratic driver near Kent and Cambridge streets about 7:44 p.m. on March 5.
A vehicle was located near Lindsay and George streets where the driver was arrested, police said.
David Pendleton was charged with impaired driving and exceeding the legal blood alcohol limit and released for a March 18 appearance in Lindsay court.
ONTARIO - Heads up from the public led to the recent arrests of two motorists, police said.
Officers were called to the area of William and Wellington streets about 9:52 a.m. on Sunday for an erratic driver, City of Kawartha Lakes Police Service stated.
Police tried to pull over a vehicle that did not stop until entering a Churchill Cresc. driveway, police alleged. A 34-year-old Lindsay man was arrested.
Stephen Blondin was charged with impaired driving, refusing to provide a breath sample, flight from police, possession of a controlled substance and several Highway Traffic Act offences. The accused is scheduled to appear in Lindsay court April 15.
A 31-year-old Caesarea was arrested after police were called to an erratic driver near Kent and Cambridge streets about 7:44 p.m. on March 5.
A vehicle was located near Lindsay and George streets where the driver was arrested, police said.
David Pendleton was charged with impaired driving and exceeding the legal blood alcohol limit and released for a March 18 appearance in Lindsay court.
Laval driver killed in rollover, police believe speed and alcohol to be factors
Photo: LCN link
by Peter B
Editor, The Drunk Driving Masses
QUEBEC - A man was killed in a rollover crash Thursday night in Laval, on the Hwy 440 Service road.
The driver was on the ramp to Highway 13 North, when he lost control of his vehicle. The vehicle rolled several times, and the driver was ejected from the vehicle, which ended up in a ditch.
The man was not breathing when paramedics arrived, and he succumbed to his injuries.
Police believe speed and alcohol may be involved.
The ramp to reach Highway 13 North will be closed for several hours to allow police to examine the scene of the crash.
by Peter B
Editor, The Drunk Driving Masses
QUEBEC - A man was killed in a rollover crash Thursday night in Laval, on the Hwy 440 Service road.
The driver was on the ramp to Highway 13 North, when he lost control of his vehicle. The vehicle rolled several times, and the driver was ejected from the vehicle, which ended up in a ditch.
The man was not breathing when paramedics arrived, and he succumbed to his injuries.
Police believe speed and alcohol may be involved.
The ramp to reach Highway 13 North will be closed for several hours to allow police to examine the scene of the crash.
Fatal Motor Vehicle Crash, Saint-Basile, N.B.
Posted by Cindy Smith
NEW BRUNSWICK - Madawaska-Victoria District 10 RCMP are investigating a fatal motor vehicle crash that occurred on the Trans Canada in Saint-Basile, N.B. on March 10, 2010 at approximately 9:30 p.m.
A 42-year-old man from Sainte-Anne-de-Madawaska died as a result of his injuries at Edmundston Hospital.
The crash occurred when the driver lost control of his vehicle. The car hit a guard rail and overturned. The man, who did not appear to be wearing his seatbelt, was ejected from the vehicle.
The RCMP believe that alcohol may have been a factor in this crash.
NEW BRUNSWICK - Madawaska-Victoria District 10 RCMP are investigating a fatal motor vehicle crash that occurred on the Trans Canada in Saint-Basile, N.B. on March 10, 2010 at approximately 9:30 p.m.
A 42-year-old man from Sainte-Anne-de-Madawaska died as a result of his injuries at Edmundston Hospital.
The crash occurred when the driver lost control of his vehicle. The car hit a guard rail and overturned. The man, who did not appear to be wearing his seatbelt, was ejected from the vehicle.
The RCMP believe that alcohol may have been a factor in this crash.
Drunk driver ditched dad's car near Tunis
Source: Timmins Daily Press
ONTARIO - A drunk driver who narrowly avoided a head-on collision, drove at high speed and ended up and crashed his father's car in a ditch has been sentenced to 120 days in jail.
He also lost his driving privileges for 18 months - which is six months more than the standard penalty for drunk driving.
Impaired driving was just one of seven charges Kyle Laroque, 25, pleaded guilty to in the Ontario Court of Justice in Timmins on Tuesday.
The Porquis Junction man admitted, "Every time I drink, I get into trouble."
One of the charges was in connection with a domestic assault which arose when he asked his girlfriend for money to buy marijuana.
When she refused, he grabbed her by the arm and threw her to the ground.
She retaliated by kicking Laroque in the genitals.
The other five charges he pleaded to were breaches of court orders.
Assistant Crown attorney Russ Wood said the list of breaches reflects a "blatant disregard for every court order under the sun."
The drunk driving incident occurred in September 2009. The car ended up in a ditch near Tunis.
While operating at "atrocious, excessive rates of speed ... he forced another vehicle off the road and came close to a head-on collision ... causing a significant danger to the public," Wood said.
In addition to a jail term, Judge Martin Lambert handed down 12 months of probation with a recommendation that Laroque be required to attend counselling for alcohol abuse.
ONTARIO - A drunk driver who narrowly avoided a head-on collision, drove at high speed and ended up and crashed his father's car in a ditch has been sentenced to 120 days in jail.
He also lost his driving privileges for 18 months - which is six months more than the standard penalty for drunk driving.
Impaired driving was just one of seven charges Kyle Laroque, 25, pleaded guilty to in the Ontario Court of Justice in Timmins on Tuesday.The Porquis Junction man admitted, "Every time I drink, I get into trouble."
One of the charges was in connection with a domestic assault which arose when he asked his girlfriend for money to buy marijuana.
When she refused, he grabbed her by the arm and threw her to the ground.
She retaliated by kicking Laroque in the genitals.
The other five charges he pleaded to were breaches of court orders.
Assistant Crown attorney Russ Wood said the list of breaches reflects a "blatant disregard for every court order under the sun."
The drunk driving incident occurred in September 2009. The car ended up in a ditch near Tunis.
While operating at "atrocious, excessive rates of speed ... he forced another vehicle off the road and came close to a head-on collision ... causing a significant danger to the public," Wood said.
In addition to a jail term, Judge Martin Lambert handed down 12 months of probation with a recommendation that Laroque be required to attend counselling for alcohol abuse.
Thursday, March 11, 2010
Families helping send anti-drunk driving message
Source: Chatham Daily News
ONTARIO - The families of Mason Berube and Devon Tinus are teaming up with police and MADD to send a message against drunk driving.
They will be participating in RIDE checks on March 19 in memory of the two local boys who were killed by an impaired driver last March.
The Chatham-Kent Police Service and Chatham-Kent OPP are working together for the RIDE checks, which will run between 10 p.m. and 2 a.m. at various locations in the municipality.
"It's to raise awareness that drinking and driving is not OK," said co-president of the Chatham-Kent chapter of Mothers Against Drunk Driving Janine Carr.
She said Mason, 13, and Devon, 12, were killed March 13, 2009, when Andrew Kummer's truck plowed into the vehicle they were in on Longwoods Road near Lambeth.
They were headed home from a hockey game in London. Mason's dad was seriously injured in the crash and Kummer's friend and passenger David Marshall, 26, was also killed.
Kummer has pleaded guilty to 10 charges, including three counts of impaired driving causing death. He is awaiting sentencing.
Carr said sentences in Ontario aren't strict enough when it comes to impaired driving causing death.
"Our court systems have to change," she said, adding the punishment needs to fit the crime.
Until it does, the best defence against drunk driving is getting the message out.
"It's a preventable crime," she said. "It's a choice you make."
Carr said MADD will be handing out information about drinking and driving during the RIDE checks.
She said the anti-drinking and driving message carries a lot of impact when it's delivered by people affected by tragedies.
She noted family members of the "pie ladies" — who were killed in Chatham on Nov. 24, 2007 by drunk driver Wladyslaw Bilski — participated in RIDE checks on the anniversary last year.
Bilski is serving four years in jail for the deaths of Marion Dawson, Jean Ripley, Verna Neaves and Bernice Phillips.
ONTARIO - The families of Mason Berube and Devon Tinus are teaming up with police and MADD to send a message against drunk driving.
They will be participating in RIDE checks on March 19 in memory of the two local boys who were killed by an impaired driver last March.
The Chatham-Kent Police Service and Chatham-Kent OPP are working together for the RIDE checks, which will run between 10 p.m. and 2 a.m. at various locations in the municipality.
"It's to raise awareness that drinking and driving is not OK," said co-president of the Chatham-Kent chapter of Mothers Against Drunk Driving Janine Carr.
She said Mason, 13, and Devon, 12, were killed March 13, 2009, when Andrew Kummer's truck plowed into the vehicle they were in on Longwoods Road near Lambeth.
They were headed home from a hockey game in London. Mason's dad was seriously injured in the crash and Kummer's friend and passenger David Marshall, 26, was also killed.
Kummer has pleaded guilty to 10 charges, including three counts of impaired driving causing death. He is awaiting sentencing.
Carr said sentences in Ontario aren't strict enough when it comes to impaired driving causing death.
"Our court systems have to change," she said, adding the punishment needs to fit the crime.
Until it does, the best defence against drunk driving is getting the message out.
"It's a preventable crime," she said. "It's a choice you make."
Carr said MADD will be handing out information about drinking and driving during the RIDE checks.
She said the anti-drinking and driving message carries a lot of impact when it's delivered by people affected by tragedies.
She noted family members of the "pie ladies" — who were killed in Chatham on Nov. 24, 2007 by drunk driver Wladyslaw Bilski — participated in RIDE checks on the anniversary last year.
Bilski is serving four years in jail for the deaths of Marion Dawson, Jean Ripley, Verna Neaves and Bernice Phillips.
Bathurst N.B. councillor on trial for impaired driving
Source: CBC.ca
NEW BRUNSWICK - A Bathurst city councillor was in provincial court Thursday to face three drinking and driving-related charges.
Scott Ferguson, 45, who is also the vice-principal of Superior Middle School, had previously pleaded not guilty to operating a motor vehicle while impaired, having care and control of a vehicle while impaired and refusing a breathalyzer.
The charges stem from an incident that allegedly occurred on Sept. 20, the court heard during the trial.
Police got an anonymous call from a Bathurst nightclub about an impaired driver shortly before 3 a.m., said Const. Gaetan Jean.
The caller gave police a description of the suspect vehicle and a licence plate number, he said.
Chris Pitre testified that he was sitting in his car in a McDonald's parking lot, listening to his police scanner when he heard the call.
He spotted the suspect vehicle, followed it and called police.
Pitre said he couldn't see who was driving, but the driver was having difficulty staying within the lane and nearly ran into a parked car.
When police located the vehicle, it was pulled over and Ferguson was behind the wheel, Jean testified.
Ferguson smelled of alcohol, had bloodshot eyes and slurred speech, he said.
Once at the police station, Ferguson refused to take a breathalyzer test, Jean said.
The trial was expected to continue into the afternoon.
NEW BRUNSWICK - A Bathurst city councillor was in provincial court Thursday to face three drinking and driving-related charges.
Scott Ferguson, 45, who is also the vice-principal of Superior Middle School, had previously pleaded not guilty to operating a motor vehicle while impaired, having care and control of a vehicle while impaired and refusing a breathalyzer.
The charges stem from an incident that allegedly occurred on Sept. 20, the court heard during the trial.
Police got an anonymous call from a Bathurst nightclub about an impaired driver shortly before 3 a.m., said Const. Gaetan Jean.
The caller gave police a description of the suspect vehicle and a licence plate number, he said.
Chris Pitre testified that he was sitting in his car in a McDonald's parking lot, listening to his police scanner when he heard the call.
He spotted the suspect vehicle, followed it and called police.
Pitre said he couldn't see who was driving, but the driver was having difficulty staying within the lane and nearly ran into a parked car.
When police located the vehicle, it was pulled over and Ferguson was behind the wheel, Jean testified.
Ferguson smelled of alcohol, had bloodshot eyes and slurred speech, he said.
Once at the police station, Ferguson refused to take a breathalyzer test, Jean said.
The trial was expected to continue into the afternoon.
Justify Jaffer deal
Source: Toronto Sun
ONTARIO - While the secret non-trial and exoneration of former Conservative MP Rahim Jaffer on cocaine-possession and drunk-driving charges may have satisfied the letter of the law, it hasn’t exactly enhanced public confidence in the judicial system.
A furor erupted earlier this week after prosecutors inexplicably dropped all criminal charges against the ex-politician.
In return, Jaffer pleaded guilty to the relatively minor traffic offence of careless driving, and agreed to pay a $500 fine.
Jaffer was allegedly driving 43 km/h above the speed limit when he was pulled over by Ontario Provincial Police in the early morning hours last Sept. 11.
The ex-MP claimed to have had two beers earlier in the evening, but blew over the legal limit on a subsequent breathalyzer test.
Police also reported finding a bag of cocaine, and charged Jaffer with drug possession.
But a funny thing happened on the way to Jaffer’s day in court.
Apparently, the alleged bag of cocaine, the breathalyzer test, and even the speeding data somehow became so tainted that the prosecution decided it would be better to cut a sweetheart plea bargain with Jaffer, rather than risk going to court and losing.
Conviction unlikely?
Crown attorney Marie Balogh said in court only that there was no reasonable prospect of a conviction.
No details. No explanations. No apologies to anyone.
That’s not good enough.
Clearly, someone screwed up, and Canadians are owed a full and frank explanation.
Sure, plea bargains to avoid lengthy trials are being cut outside courtrooms across the country every day.
But the Jaffer case was not just another number on a court docket — he may be equal to every other citizen in the eyes of the law, but not in the eyes of the public.
The former Conservative MP also campaigned as an anti-drug crusader, and is married to Conservative cabinet minister Helena Guergis, recently in the news for yelling obscenities at P.E.I. airport security staff.
In short, the case was bound to draw intense public scrutiny that would not be satisfied by a closed-door deal.
So much secrecy has so far spawned no end of speculation, accusations and conspiracy theories.
The federal opposition parties, for instance, predictably turned the Commons air blue, demanding to know how the “tough-on-crime” Tories could accept such a not-so-tough deal for one of their own.
Delicious as the political optics of all that might me, the case was dealt with in Ontario provincial court.
Even the judge in the case, Justice Douglas Maund, was the target of an Internet mud-toss alluding to his past ties to the Progressive Conservative party.
Fact is, Maund was almost a bystander to Jaffer’s near-walk — the judge could only rule on the charges presented by the Crown, and most of those had already been stayed.
Needs explanation
One way or another, someone in high office has some explaining to do.
If Jaffer was wrongly accused, he is owed a public apology.
If the police blew the case, they should be publicly disciplined.
If the prosecutors offered a plea bargain they didn’t have to, they should be publicly held to account.
In the enduring words of a British chief justice: “It is of fundamental importance that justice should not only be done, but should manifestly and undoubtedly be seen to be done.”
At the very least, the case should have gone to trial.
ONTARIO - While the secret non-trial and exoneration of former Conservative MP Rahim Jaffer on cocaine-possession and drunk-driving charges may have satisfied the letter of the law, it hasn’t exactly enhanced public confidence in the judicial system.
A furor erupted earlier this week after prosecutors inexplicably dropped all criminal charges against the ex-politician.
In return, Jaffer pleaded guilty to the relatively minor traffic offence of careless driving, and agreed to pay a $500 fine.
Jaffer was allegedly driving 43 km/h above the speed limit when he was pulled over by Ontario Provincial Police in the early morning hours last Sept. 11.
The ex-MP claimed to have had two beers earlier in the evening, but blew over the legal limit on a subsequent breathalyzer test.
Police also reported finding a bag of cocaine, and charged Jaffer with drug possession.
But a funny thing happened on the way to Jaffer’s day in court.
Apparently, the alleged bag of cocaine, the breathalyzer test, and even the speeding data somehow became so tainted that the prosecution decided it would be better to cut a sweetheart plea bargain with Jaffer, rather than risk going to court and losing.
Conviction unlikely?
Crown attorney Marie Balogh said in court only that there was no reasonable prospect of a conviction.
No details. No explanations. No apologies to anyone.
That’s not good enough.
Clearly, someone screwed up, and Canadians are owed a full and frank explanation.
Sure, plea bargains to avoid lengthy trials are being cut outside courtrooms across the country every day.
But the Jaffer case was not just another number on a court docket — he may be equal to every other citizen in the eyes of the law, but not in the eyes of the public.
The former Conservative MP also campaigned as an anti-drug crusader, and is married to Conservative cabinet minister Helena Guergis, recently in the news for yelling obscenities at P.E.I. airport security staff.
In short, the case was bound to draw intense public scrutiny that would not be satisfied by a closed-door deal.
So much secrecy has so far spawned no end of speculation, accusations and conspiracy theories.
The federal opposition parties, for instance, predictably turned the Commons air blue, demanding to know how the “tough-on-crime” Tories could accept such a not-so-tough deal for one of their own.
Delicious as the political optics of all that might me, the case was dealt with in Ontario provincial court.
Even the judge in the case, Justice Douglas Maund, was the target of an Internet mud-toss alluding to his past ties to the Progressive Conservative party.
Fact is, Maund was almost a bystander to Jaffer’s near-walk — the judge could only rule on the charges presented by the Crown, and most of those had already been stayed.
Needs explanation
One way or another, someone in high office has some explaining to do.
If Jaffer was wrongly accused, he is owed a public apology.
If the police blew the case, they should be publicly disciplined.
If the prosecutors offered a plea bargain they didn’t have to, they should be publicly held to account.
In the enduring words of a British chief justice: “It is of fundamental importance that justice should not only be done, but should manifestly and undoubtedly be seen to be done.”
At the very least, the case should have gone to trial.
Banned driver nabbed for impaired in Oshawa
Source: Toronto Sun
ONTARIO - An Oshawa man with a lifetime ban for driving was among three suspected impaired drivers nabbed by a newly-formed Problem Response Officers of the Durham Regional Police.
Police arrested 27 people and laid 41 criminal charges after several days of targeting street-level drug dealers and public drunkenness in central Oshawa, the force said Wednesday.
Charges were laid against three suspected impaired drivers, including one motorist who police said was nabbed after refusing to stop for police in the downtown core.
Police said one motorist had a lifetime ban for operating a motor vehicle.
Police also issued 26 tickets and seized 41 grams of marijuana and 10 Clonazepam tablets, with a street value of $460.
ONTARIO - An Oshawa man with a lifetime ban for driving was among three suspected impaired drivers nabbed by a newly-formed Problem Response Officers of the Durham Regional Police.
Police arrested 27 people and laid 41 criminal charges after several days of targeting street-level drug dealers and public drunkenness in central Oshawa, the force said Wednesday.
Charges were laid against three suspected impaired drivers, including one motorist who police said was nabbed after refusing to stop for police in the downtown core.
Police said one motorist had a lifetime ban for operating a motor vehicle.
Police also issued 26 tickets and seized 41 grams of marijuana and 10 Clonazepam tablets, with a street value of $460.
Letters: Jaffer sentence may put laws in jeopardy
Source: Edmonton Journal
The $500 fine given to former Conservative MP Rahim Jaffer for careless driving by an Ontario judge on March 9, after he was initially charged with cocaine possession, impaired driving and speeding, hardly sends a message as a deterrent. This case raises the question, Can influence, money and a good lawyer sway the course of justice?
Most Canadians will consider the penalty handed out to Jaffer to be unreasonable. This could very well encourage contempt, disrespect, and disdain for our impaired driving laws.
Unquestionably, this would weaken the resolve of the criminal justice system and Canadians to enforce the laws. The consequences of this speaks for itself!
It could also open the doors to a barrage of legal challenges. The current criminal blood-alcohol limit has been universally accepted by Canadians and the criminal justice system for well over 35 years. When it comes to dealing with impaired driving, the current administrative and criminal sanctions in place in Canada provide a well thought-out mix of effectiveness, efficiency and severity. These laws have served this country well.
And now with what many Canadians will consider to be the apparent incompetence, favouritism and indifference exhibited by the Crown in withdrawing the more serious charges, including impaired driving, laid against Jaffer, these laws are now at risk.
In the public interest, a judicial review of this case is in order. Canadians deserve this. Simply too many questions need to be answered!
- Emile Therien, past president, Canada Safety Council, Ottawa
The $500 fine given to former Conservative MP Rahim Jaffer for careless driving by an Ontario judge on March 9, after he was initially charged with cocaine possession, impaired driving and speeding, hardly sends a message as a deterrent. This case raises the question, Can influence, money and a good lawyer sway the course of justice?
Most Canadians will consider the penalty handed out to Jaffer to be unreasonable. This could very well encourage contempt, disrespect, and disdain for our impaired driving laws.
Unquestionably, this would weaken the resolve of the criminal justice system and Canadians to enforce the laws. The consequences of this speaks for itself!
It could also open the doors to a barrage of legal challenges. The current criminal blood-alcohol limit has been universally accepted by Canadians and the criminal justice system for well over 35 years. When it comes to dealing with impaired driving, the current administrative and criminal sanctions in place in Canada provide a well thought-out mix of effectiveness, efficiency and severity. These laws have served this country well.
And now with what many Canadians will consider to be the apparent incompetence, favouritism and indifference exhibited by the Crown in withdrawing the more serious charges, including impaired driving, laid against Jaffer, these laws are now at risk.
In the public interest, a judicial review of this case is in order. Canadians deserve this. Simply too many questions need to be answered!
- Emile Therien, past president, Canada Safety Council, Ottawa
Drivers could face random breath tests
Source: Edmonton Journal
The Harper government appears ready to move ahead on imposing random roadside breath testing, which a new federal discussion paper says has produced "remarkable results" in catching more drunk drivers in other countries.
The Justice Department is inviting public input on the idea of random sobriety tests, and federal officials plan to meet this month and next with provincial ministers and other experts to measure support.
In a rare move, the federal government has posted on its website a discussion paper, weighing the benefits of random testing, seeking feedback by the end of April.
Empowering police to conduct random breath tests would replace Canada's 40-year-old legislation on impaired driving, which dictates that breathalyzer tests can only be administered when there is reasonable suspicion of drunk driving.
Justice Minister Rob Nicholson has already said he likes the idea, and MADD executive director Andrew Murie said the coming talks with interest groups and provincial governments are a sign the government could take action.
"I think the tone is that this is something they should do and the discussion paper reflects that," said Murie, stressing that he has no inside information on when, or even if, a proposed new law would be introduced in Parliament.
The Justice Department paper says the government is eyeing "a comprehensive set of reforms" to combat impaired driving.
Murie described random breath tests as "No. 1, far and away" among about eight recommendations made last year by the House of Commons justice committee that would reduce the number of deaths caused by drunk drivers.
The discussion paper, which says the government accepts the committee recommendations in principle, notes that Canada would be following Australia, New Zealand and 22 European countries that have imposed random testing.
The Justice Department reports that such testing has reduced fatal crashes by as much as 35 per cent in some jurisdictions and, in New Zealand, saved society more than $1 billion in 1997 alone.
The committee, in its report, concluded the "current methods of enforcing the law lead police officers to apprehend only a small percentage of impaired drivers, even at roadside traffic stops."
Research shows even when impaired drivers are stopped at sobriety checkpoints, most go undetected so they are never tested, MADD says. Police are even more likely to miss experienced drinkers, because they exhibit fewer signs of intoxication.
The prospect of being randomly stopped has proven to be a significant deterrent in curbing impaired driving, said Murie.
The Justice Department does not ask stakeholders whether they think random testing would run afoul of the Charter of Rights and Freedoms guarantee against unreasonable search and seizure.
Meetings are planned next week between Justice Department officials and civil liberties groups, MADD and the Canadian Bar Association, Murie said. The bar association, representing Canada's lawyers, is still working on its position.
The Harper government appears ready to move ahead on imposing random roadside breath testing, which a new federal discussion paper says has produced "remarkable results" in catching more drunk drivers in other countries.
The Justice Department is inviting public input on the idea of random sobriety tests, and federal officials plan to meet this month and next with provincial ministers and other experts to measure support.
In a rare move, the federal government has posted on its website a discussion paper, weighing the benefits of random testing, seeking feedback by the end of April.
Empowering police to conduct random breath tests would replace Canada's 40-year-old legislation on impaired driving, which dictates that breathalyzer tests can only be administered when there is reasonable suspicion of drunk driving.
Justice Minister Rob Nicholson has already said he likes the idea, and MADD executive director Andrew Murie said the coming talks with interest groups and provincial governments are a sign the government could take action.
"I think the tone is that this is something they should do and the discussion paper reflects that," said Murie, stressing that he has no inside information on when, or even if, a proposed new law would be introduced in Parliament.
The Justice Department paper says the government is eyeing "a comprehensive set of reforms" to combat impaired driving.
Murie described random breath tests as "No. 1, far and away" among about eight recommendations made last year by the House of Commons justice committee that would reduce the number of deaths caused by drunk drivers.
The discussion paper, which says the government accepts the committee recommendations in principle, notes that Canada would be following Australia, New Zealand and 22 European countries that have imposed random testing.
The Justice Department reports that such testing has reduced fatal crashes by as much as 35 per cent in some jurisdictions and, in New Zealand, saved society more than $1 billion in 1997 alone.
The committee, in its report, concluded the "current methods of enforcing the law lead police officers to apprehend only a small percentage of impaired drivers, even at roadside traffic stops."
Research shows even when impaired drivers are stopped at sobriety checkpoints, most go undetected so they are never tested, MADD says. Police are even more likely to miss experienced drinkers, because they exhibit fewer signs of intoxication.
The prospect of being randomly stopped has proven to be a significant deterrent in curbing impaired driving, said Murie.
The Justice Department does not ask stakeholders whether they think random testing would run afoul of the Charter of Rights and Freedoms guarantee against unreasonable search and seizure.
Meetings are planned next week between Justice Department officials and civil liberties groups, MADD and the Canadian Bar Association, Murie said. The bar association, representing Canada's lawyers, is still working on its position.
Subscribe to:
Posts (Atom)
News Archive
-
▼
2010
(524)
-
▼
March
(111)
-
▼
Mar 16
(9)
- Buzz Kill: Stoned driver caught pulling from bong ...
- Update: Fugitive captured, charged after melee las...
- Judge lashes out at lawyer in Barrie court
- Five-time drunk driver sentenced to weekends in ja...
- Ditched car leads to impaired driving charges agai...
- Trucker who struck officer gets two years
- Man on curfew stopped allegedly under the influenc...
- TTC driver pulled over, licence suspended
- Editorial: Breath test stumbles into perilous zone...
-
►
Mar 15
(6)
- Chief of a Sudbury area First Nation pleads guilty...
- Regina teens face charges after man, 47, thrown of...
- Update: Sandy Bay man dies following highway colli...
- Man killed when friend's car backs over him
- Man charged with impaired driving following St. Jo...
- R.I.D.E. wake-up call: Hung over drivers beware
-
►
Mar 13
(7)
- Impaired driver gives his pickup truck a giant wed...
- Jury deliberates fate of Iqaluit man accused in RC...
- Ex's SUV torched in drunken rampage, Edmonton man ...
- Judge admonishes drunk driver left in coma
- Trial set in death of Windsor cyclist Meredith McP...
- Calgarian crippled in fatal U.S. crash won't face ...
- Lower limits and random tests will save lives
-
►
Mar 12
(13)
- Call 911 to report drunk drivers: Saskatoon police...
- Court stays impaired driving charge against Mounti...
- No-show threat lands St. John's drunk driver in ja...
- Man, 33, killed in snowmobile collision near Nipaw...
- Robert Young pleads guilty in impaired driving dea...
- Inuvik cabbie says he was driving during crash
- Nova Scotia motorist cleared by judge for refusing...
- Crown expected to withdraw DUI charges in death of...
- Man convicted in fatal crash which took the life o...
- Alert Lindsay residents take two impaired drivers ...
- Laval driver killed in rollover, police believe sp...
- Fatal Motor Vehicle Crash, Saint-Basile, N.B.
- Drunk driver ditched dad's car near Tunis
-
►
Mar 11
(7)
- Families helping send anti-drunk driving message
- Bathurst N.B. councillor on trial for impaired dri...
- Justify Jaffer deal
- Banned driver nabbed for impaired in Oshawa
- Letters: Jaffer sentence may put laws in jeopardy
- Drivers could face random breath tests
- Anti-drunk driving lobby questions dropped charges...
-
▼
Mar 16
(9)
-
▼
March
(111)















A retired father of two with an I.T. background in the automotive industry, Peter lost someone very special in his life in 2008 at the hands of an alcohol and drug-impaired driver.
Cindy
Smith is a Canadian-born driving safety advocate who created and manages the
only driver's education, news and incident website about traffic in Canada
called,