Drunk driver crashed into stop sign

Derek Macdonald, 50, of Stanley, had more than three times legal limit of booze in his system but avoided jail time for second offence so he can care for his kids

A single father of three from Stanley was grossly intoxicated when he careened into a stop sign last year, but a judge spared him a jail sentence even though he was a repeat offender.

Derek Macdonald, 50, of Main Street in Stanley, previously pleaded guilty to a count of impaired driving and was back in provincial court for sentencing Friday.

Crown prosecutor Christopher Lavigne said RCMP officers responded to a single-vehicle accident over the lunch hour on Highway 628 in Limekiln on May 22, 2022.

Derek Macdonald (Photo: Facebook)

When officers arrived, he said, they discovered a vehicle had driven into an electrified stop sign, and witnesses reported the uninjured driver - identified as Macdonald - was impaired at the wheel.

“Apparently, Mr. Macdonald admitted to the emergency personnel that he’d been drinking and driving,” the prosecutor said.

“He said, ‘I’m going to plead guilty.’”

Macdonald was arrested and taken to a police station for a breathalyzer test, court heard.

However, Lavigne noted that for various reasons, the test wasn’t administered until three hours after the offender’s arrest.

Despite that lengthy delay, he said, Macdonald’s reading showed he had 280 milligrams of alcohol per 100 millilitres of blood - more than three times the legal limit of 80 mg.

The prosecutor said extrapolating from that, it was clear his blood-alcohol level would have been much higher at the time of the accident.

Lavigne said Macdonald told people at the scene he’d been on his way to see his children when he crashed.

He said the defendant has a prior conviction for impaired driving, from court heard it was in 2011 and that the Crown hadn’t given notice it was seeking an enhanced penalty given the gap in the record.

Nevertheless, Lavigne argued, the aggravating factors in the case - the high reading, the crash, the time of day the incident occurred and the record - all called for a sentence of incarceration.

However, he said, given “the fact that he’s a single father living on income assistance,” the Crown wasn’t opposing the defence’s recommendation, which was for a conditional sentence to be served in the community.

Still, the prosecutor said, there should be a lengthy driving ban and a period of probation.

Duty counsel Melinda Ponting-Moore said while a jail sentence would be justified in Macdonald’s case, the many mitigating factors made his situation an exceptional one.

She noted that while the offender is on income assistance, the painting business for which he worked previously is starting back up again and there’s a strong possibility Macdonald can get back to work.

Macdonald told the court he’s been getting counselling for his alcoholism. He said he’s completely off booze and doesn’t allow others to drink in his home.

“You’re not going to have a licence for two years. How are you going to get around?” Judge Andrew LeMesurier asked him.

Macdonald said he has friends who give him lifts, and he lives in a central location in Stanley, which makes it easier to get his kids to school.

The judge noted Macdonald’s record shows he went to jail for his first offence, indicating that must have been a serious situation as well.

Nevertheless, LeMesurier accepted the defence’s request for a conditional sentence.

“You do have some difficult circumstances … You’re a single father with young children,” he said, noting the possibility of employment will likely be a help to him and his family.

“You have to understand, though, this is a jail sentence.”

The judge imposed a four-month conditional sentence, during which Macdonald will be subject to a curfew of 8 p.m.-6 a.m., must abstain from alcohol and non-prescribed drugs.

That latter condition will continue during a one-year term of probation to follow the conditional sentence.

LeMesurier also prohibited Macdonald from driving for two years.

Don MacPherson can be contacted at ftonindependent@gmail.com.