Impaired charge tossed out for careless conviction for Highway 402 crash near Sarnia
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A 30-year-old Sarnia man facing multiple charges after a car crashed into a deep snowbank dividing the busy provincial highway east of the city has been convicted of careless driving.
But other more serious charges, including impaired driving under the Criminal Code, were tossed out after the single Highway Traffic Act conviction.
Justice Deborah Austin told Vaughn Brazeau the final outcome connected to the single-car crash this past February benefited him, but also cautioned him to take the situation “very” seriously.
“Because, obviously, this incident involved alcohol as a factor and your safety was placed at risk as a result of this incident,” Austin said this week in a Sarnia courtroom. “Police had to intervene and deal with you and were concerned about your condition vis-à-vis alcohol.”
The court heard Brazeau crashed his grey 2010 Honda Civic into a snow-filled median on Highway 402 in Plympton-Wyoming Township around 5 p.m. on Feb. 18. The car wasn’t visibly damaged and its engine was still running, but it was stuck in the snow when OPP officers arrived.
As Brazeau gave a statement to police – he told them he was coming from snowboarding in Forest – an officer could smell alcohol on his breath. He also talked slowly and had difficulty answering simple questions, the court heard.
He failed a roadside test, was arrested and taken to headquarters in Petrolia, where tests showed he had between 101 and 109 milligrams of alcohol in 100 millilitres of blood. The legal limit is 80.
“Frankly, the way they read would support a finding of guilt to a more serious offence under the Criminal Code,” Austin said after hearing assistant Crown attorney David Nicol read the agreed statement of facts. “But I’m sure there are reasons why the Crown attorney has opted or exercised its discretion in favour of proceeding in this way – and, of course, that is the discretion of the Crown.”
Nicol said the decision was “pursuant to the COVID directives of the” Ministry of the Attorney General for cases such as this.
“Which fit into directives for certain impaired-driving charges in order to facilitate the resolution of some charges given how full the courts are, notwithstanding how seriously the (Ministry of the) Attorney General, the Crown and the courts take impaired-driving cases,” Nicol said.
Austin also pointed out to Brazeau, who represented himself in court, there “may have been elements of the charge that the Crown may have found challenging to prove.”
Nicol asked for a $1,100 fine along with a one-year Provincial Offences Act probation order.
“It is a significant fine above the minimum for this type of offence,” Nicol said. “I would submit it’s an appropriate penalty, your honour.”
Austin imposed the suggested sentence along with the victim-fine surcharge. She also added some advice.
“Hopefully you take this every bit as seriously and maintain your responsibility as a sober driver going forward,” the judge said.
Brazeau can’t have any alcohol in his system when he’s driving while the probation order is in effect.
The impaired charge was withdrawn, as were two other Highway Traffic Act charges Lambton OPP announced at the time of a novice driver having any alcohol in their system and using a hand-held device while driving.
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