‘Sober driver’ turned out to be not-so sober
Skyler Eric O’Donnell, 30, of Boiestown, requested to serve mandatory incarceration on weekends, but judge said there was no evidence he had employment, other obligations
A Boiestown man earned a 30-day stint behind bars Thursday for his second impaired-driving offence, and his request to serve the time on weekends was denied.
Skyler Eric O’Donnell, 30, of Route 625, previously pleaded guilty to a Feb. 27, 2022, count of having an elevated blood-alcohol level within two hours of driving.
He was back before Judge Natalie LeBlanc on Thursday for his sentencing hearing.
Crown prosecutor Blake Johnston said a Fredericton police officer was on patrol shortly after 9 p.m. Feb. 27, 2022, when he spotted a 2011 Dodge Caliber driving without its headlights on, so the officer pulled the vehicle over.
The first thing the officer noticed in the car, the prosecutor said, was a full, one-litre bottle of Smirnoff Ice.
O’Donnell was at the wheel, court heard, and he provided his licence, insurance card and registration.
The officer noticed the driver’s movements were rather slow, Johnston said, so he inquired about whether O’Donnell had been drinking.
“He said he hadn’t been drinking but rather that his passengers had been drinking, and he was the sober driver,” Johnston said.
Nevertheless, court heard, the officer still suspected O’Donnell might be under the influence, so he made a demand for a breath test in a roadside screening device.
O’Donnell failed that test, the prosecutor said.
A later breathalyzer test at the police station revealed his blood-alcohol level to be 80 milligrams of alcohol per 100 millilitres of blood, which is the minimum level at which someone is determined to be impaired.
Normally, that would attract a minimum fine of $1,000 and a one-year driving ban, but the problem in O’Donnell’s case was his criminal record.
Johnston said the defendant has a prior conviction for the same offence in recent years, and police gave O’Donnell notice the Crown would be seeking a greater penalty as mandated under the Criminal Code of Canada: 30 days in jail and a two-year prohibition against driving.
Defence lawyer Emily Cochrane said unfortunately, the court’s hands were tied, as it was obligated to impose the 30-day jail term.
However, she asked LeBland to consider making that jail term an intermittent one, allowing her client to serve the time on weekends.
The defence lawyer said O’Donnell has been in treatment for drug issues, and he has a line on two possible avenues of employment, and the intermittent sentence would allow him to pursue them.
Johnston opposed an intermittent sentence, noting such an exception should be reserved for cases in which it’s appropriate. Generally, he said, intermittent sentences are granted to allow people to maintain employment, and that’s not the case for O’Donnell.
LeBlanc agreed with the Crown, noting sentences have to be imposed to deter people from driving drunk.
“We’re going in the wrong direction with impaired driving,” she said, noting the courts and police are seeing instances on the rise despite the greater awareness of the dangers such crimes pose to the community at large.
“You’re effectively turning your car into a weapon.”
Intermittent sentences should be imposed rarely, the judge said, and there’s no documentation before the court to confirm the treatment program or potential employment awaiting O’Donnell.
Furthermore, she said, she had concerns about whether the offender would follow the terms of an intermittent sentence.
“When I look at your record, you have more than one breach of a court order,” LeBlanc said.
She imposed the required 30-day jail term as straight time, and barred O’Donnell from driving for two years.
The judge also warned him such criminal conduct can’t and won’t be tolerated in the future.
“I’ll tell you sir, you can’t do this again,” she told O’Donnell.
Don MacPherson can be contacted at ftonindependent@gmail.com.