Drunk driver 'had no control of her motor skills'
Heather Davis, 51, of Fredericton, had almost four times the legal limit of booze in her system when she was all over the road two years ago, court hears
A Fredericton woman who was so drunk at the wheel two years ago she couldn’t control her limbs or articulate where she lived is now getting treatment for a host of issues, a court heard Tuesday.
Heather Davis, 51, formerly of Route 10 in Noonan but now living on Fredericton’s north side, pleaded guilty Tuesday in provincial court to a charge of impaired driving.
Crown prosecutor Patricia Gillett said the incident occurred around 5:30 p.m. on April 15, 2021, when another motorist called 911 to report that he was following a suspected drunk driver.
He said a black Hyundai Accent had almost struck his vehicle, court heard, and he had followed it east on Route 10, headed toward Noonan from Fredericton.
The Hyundai was all over the road, the prosecutor said, crossing the centre line repeatedly. The 911 caller reported the car only stopped when it struck a garbage can along Route 10 in Noonan.
A police officer responded immediately and came upon the scene, Gillett said, noting the other motorist was still there and had managed to get the keys from the erratic driver, who turned out to be Davis.
“She had no control of her motor skills over her arms,” the prosecutor said.
Davis initially refused to get out of her car, court heard, and the officer reported there was a powerful smell of alcohol coming from her.
“Ms. Davis was asking to be taken home,” Gillett said, noting the defendant was also incoherent at the time. “She was unable to explain exactly where she lived.”
When police guided her out of her Accent, she couldn’t walk unassisted, the prosecutor said.
She was taken to the Fredericton Police Force station, court heard, where breathalyzer tests revealed her blood-alcohol level to be 300 milligrams of alcohol per 100 millilitres of blood.
That’s almost four times the legal limit of 80 mg.
That night at the station, Davis was still unable to convey where she lived and officers had no contact information for her, Gillett said, so she was held overnight so she could sober up.
The prosecutor said Davis’ “extremely high” blood-alcohol level was an aggravating factor for impaired driving under the Criminal Code of Canada, but she has no prior criminal record.
“Thankfully, there was no major accident… or injury,” she said.
Gillett asked the court to impose an elevated fine of $3,500 plus a victim-fine surcharge, as well as a driving prohibition of 18-24 months, given the extreme intoxication Davis exhibited.
Defence lawyer Emily Cochrane said her client suffers from a variety of significant mental-health issues, including depression, an eating disorder and a history of an alcohol-abuse disorder.
Fortunately, the defence lawyer said, the defendant has been diligently pursuing treatment for her issues and has turned her life around since that time.
Cochrane noted Davis is attending Alcoholics Anonymous meetings regularly, seeing a dietician, taking her medications as directed and, most importantly, maintaining her sobriety.
“She is on now what I could call a more positive path,” the defence lawyer said.
She said as a result of her arrest, Davis ended up losing her home in Noonan, but she’s employed full-time.
Davis was distraught throughout Tuesday’s court proceedings, and Cochrane noted she’s deeply remorseful for her actions two years ago.
“I’m very ashamed,” Davis told the court, wiping away tears as she spoke.
Cochrane said an elevated fine was appropriate in the case, but noted her client would need time to pay. She also asked for Davis’ driving prohibition to be limited to the mandatory one-year period, since she has to travel from Fredericton to Lincoln for work.
“It looks like you’ve taken your rehabilitation in hand,” Judge Cameron Gunn told Davis.
He imposed a $3,000 but waived the usual 15 per cent victim-fine surcharge, given the defendant’s finances. The judge also gave her a year to pay the hefty fine.
He also prohibited her from driving for a year, and placed her on probation for a year as well. During that time, she’s to participate in counselling and treatment programs as directed by her probation officer.
Gunn said even though Davis has been making positive steps over the past two years, the probation order could make programs available to her that otherwise she couldn’t access or afford.
Don MacPherson can be contacted at ftonindependent@gmail.com.