'You could have killed somebody,' judge says in jailing drunk driver
Published Thursday October 9th, 2008
Court City man gets longer sentence than stipulated by new law for repeat offenders
SAINT JOHN - A 57-year-old Saint John man, whose breathalyser reading was nearly four times the legal limit, has been handed a longer sentence than the new federal legislation for repeat drunk drivers calls for.
Francis Deane, of Braemar Drive, has been sentenced to 45 days in jail after pleading guilty to failing a breathalyser. He was also prohibited from driving for two years.
It was his second such conviction, provincial court heard.
Under the Tackling Violent Crime Act, which took effect on July 2, the minimum penalty for a second impaired driving-related offence has increased to 30 days from 14.
On July 15, at about 10:30 p.m., Deane's pickup truck rear-ended a van on Westmorland Road, near McAllister Drive, Crown prosecutor James McAvity told the court.
Deane, who was "highly impaired," had a coffee cup with liquor in it and four cans of beer in a bag in his truck, the prosecutor said.
He had a breathalyser reading of 300 milligrams of alcohol in 100 millilitres of blood. The legal limit is 80 mg.
McAvity recommended incarceration for Deane, who denies having a drinking problem, despite his "inordinately high" reading. "I don't think he really understands the seriousness of the situation," the prosecutor said.
Judge Andrew LeMesurier took Deane's previous conviction, his high reading and the fact he was involved in an accident into consideration in sentencing.
"You could have killed somebody ... an innocent pedestrian or a child on a bicycle," the judge said. "You could have killed yourself."
LeMesurier noted that the federal government recently increased the penalties for drinking and driving because the previous penalties "didn't seem to have the desired effect of deterring people, despite tragic consequences."
Deane was convicted of failing a breathalyser in March 2002 and received a $900 fine.
"And here you are again," the judge said.
Under the new legislation, the minimum penalties for impaired driving have increased to $1,000 from $600 for a first offence, 30 days in jail instead of 14 for a second conviction, and 120 days in jail up from 90, for a third conviction.
That also comes with a driving prohibition that starts at one year for a first offence.
The new law, part of the Conservatives' omnibus crime bill, also makes it harder for drivers to challenge breathalyser tests in court.
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