At a regular sitting of the Estevan provincial court Jan. 11, two men were sentenced for impaired driving related offences.
Richard Charles Thomas was sentenced to 30 days concurrent in custody with two concurrent driving bans, after pleading guilty to operating a motor vehicle while intoxicated on two separate occasions.
Crown prosecutor Derek Davidson read information to the court indicating that on Oct. 4, 2014, Thomas was found speeding at 153 km/h on police radar., on Main Street and Hwy. 39 in Bienfait.
In a subsequent incident on Nov. 22, 2014 in Oxbow, Thomas was pulled over again, while driving in Oxbow, and asked to provide license and registration. He was discovered to have bloodshot eyes and slurred speech. Thomas was required to give two breath samples, which indicated he had a blood alcohol level of 1.0 mg/mL.
The Crown recommended a period of custody of 30 days, given the proximity of Thomas’ offences and the presence of a prior criminal record.
Thomas’ lawyer indicated that the accused’s readings weren’t particularly high over the legal limit, and that he was employed with the City of Winnipeg and married. Presiding Judge Lane Wiegers indicated that the nature of Thomas’ offences were of a serious enough nature, that if they were to continue, he’d face significantly longer jail time. He also acknowledged that Thomas had a criminal record that entailed prior offences in Winnipeg. In addition to his time in custody, Thomas was ordered to pay a victim fine surcharge of $200.
James Patrick Loder was fined a total of $1,560 and given a one-year driving prohibition, after pleading guilty to driving while impaired on Aug. 20, 2015, in Estevan.
Police were travelling eastbound on Fourth Avenue, when they found a swerving westbound truck with a broken driver’s side tail light. After the police switched on their lights, the vehicle moved northward onto Third Avenue, pulling into the first available driveway. Loder then exited the truck and started to run eastbound down an alley.
The police eventually apprehended Loder and required him to provide breath samples. The first sample he provided was1.6 mg/mL, and after five subsequent attempts at obtaining a second sample, he refused to provide another.
The Crown and Loder’s lawyer made a joint recommendation of a fine of $1,200 and a one year driving ban. The Crown noted that although Loder provided an early guilty plea, there was insufficient insight into the severity of his offence because he refused to provide a second breath sample, and the first reading was significantly higher than the legal limit. It was also noted that Loder had been convicted for prior offences, including mischief under $5,000, assault, and a prior motor vehicle offence.
Wiegers noted that in light of the facts, a sentence beyond the mandatory minimum was necessary.
