Drunk driver was on day pass from rehab, court hears
Holly Ann Day, 44, of Saint John, had four times the legal limit of alcohol in her system when she smashed into cars in uptown Fredericton
A Saint John woman was on a day pass from an addictions-rehab facility when she smashed into another vehicle while grossly intoxicated last year, a court heard Thursday.
Holly Ann Day, 44, formerly of Hargrove Court in Fredericton but now living in Saint John, previously pleaded guilty to a count of impaired driving, and was back in Fredericton provincial court Thursday for sentencing.
Crown prosecutor Rodney Jordan told court that Fredericton police officers responded to Prospect Street on April 30, 2022, after receiving a report of a motor-vehicle accident in front of McDonald’s.
It was discovered a car had run a red light and rear-ended a vehicle occupied by a family, the prosecutor said, and that vehicle in turn was struck with such force that it struck the car in front of it.
One witness said the Hyundai that caused the accident didn’t even slow down before rear-ending the family, court heard.
“He didn’t observe brake lights coming from the offending vehicle,” Jordan said.
Day had been driving the car, he said, but she had exited the vehicle by the time police arrived.
“She was sitting on the curb, her head down,” the prosecutor said.
At first, Jordan said, police were looking at the situation like one that would lead to a ticket under the Motor Vehicle Act for driving without due care and attention, but as one officer interacted with Day, he noticed something was off.
“He had to ask [her] for things twice,” the prosecutor said.
“She wasn’t always responding immediately to questions.”
Then police noticed an empty vodka bottle in the Hyundai’s console and another one on the floor, court heard, and there was a strong smell of liquor coming from the car.
Jordan said Day exhibited trouble with her balance and was stumbling.
Eventually, she was read a demand for a sample of her breath, court heard, and it was discovered her blood-alcohol level was 320 milligrams of alcohol per 100 millilitres of blood.
That’s four times the legal limit of 80 mg.
Jordan said Day’s criminal record and pre-sentence report show she’s had a long-time problem with alcohol. In fact, he said, the offender was in Fredericton on a day pass from a rehab facility at the time of the incident.
“Obviously, [Day is] an alcoholic that relapsed,” he said.
Victims traumatized
Michael Nicholson was with his family in the car that Day rear-ended, and his victim-impact statement indicated he’s still reeling from the emotional effects of her crime.
He reported that his vehicle was struck with such force, he was convinced his family would be seriously hurt.
“I did not know if I was going to turn around and see that my son was killed,” Nicholson wrote, referring to his child in the back seat of the vehicle.
Court heard there were no life-threatening or critical injuries as a result of the crash, but another victim, Maureen Patterson, reported she sustained lasting back injuries that have affected her ability to work as a nurse.
Similarly, her victim-impact statement noted the psychological trauma about her fears that her family could have been seriously hurt or killed.
Despite the many aggravating factors present in Day’s case, Jordan and defence lawyer Emily Spillett offered a jointly recommended sentence focusing on rehabilitative goals rather than punitive ones.
They suggested a $2,000 fine, with standard victim-fine surcharge, a two-year driving ban and a lengthy period of probation to get Day treatment for her alcoholism.
Spillett noted Day returned to the rehab facility immediately after the accident and has been working on her sobriety. Her client attends Alcoholics Anonymous meetings regularly, she said, and she’s secured full-time employment.
Day is now living in Saint John, the defence lawyer said, and she has five children.
“Ms. Day recognizes that it was a slip-up, for lack of a better word,” Spillett said.
Judge Cameron Gunn said binding precedents direct courts to accept joint recommendations provided they fall within an established range of sentences in the circumstances, and that was the case in this instance.
He imposed a fine totalling $2,600 with the surcharge, a prohibition against driving for two years and a two-year probation period as well.
During that time, Day is to participate in counselling programs as directed by her probation officer and perform 20 hours of community-service work.
Don MacPherson can be contacted at ftonindependent@gmail.com.