Vancouver Criminal Lawyer:  Joel A. Whysall

CRIMINAL DEFENCE CASE FACTS:

The Facts: Accused driver, 25-year-old female, crossed over the centre line of the road into oncoming traffic in a school zone and hit a vehicle carrying mother and her 16-year-old son (victims). Victims both suffered injuries — Accused’s blood alcohol concentration was more than four times legal limit. Accused pleaded guilty to impaired driving causing bodily harm and dangerous driving causing bodily harm.

Result: Accused sentenced to 12-month conditional sentence, followed by 3 years of probation. Aggravating factors included that the collision took place early at night in the school zone, that severe damage occurred to both vehicles, that victims suffered significant injuries, and that accused had driving record including two previous alcohol-related driving suspensions. Most significant aggravating factor was concentration of alcohol in accused’s blood, which was .339 milligrams percent. Mitigating factors included that accused had no prior criminal record, she had post-secondary education and was employed, she had many positive references, she was remorseful, and she pleaded guilty. Accused had history of depression and anxiety and her stress caused her to misuse alcohol, but she had taken steps to address this. Conditional sentence order with strict punitive conditions would be consistent with fundamental purpose and principles of sentencing. $2,000 fine and 2.5 year driving prohibition ordered.