Drunk driver who injured man in crash ‘rolled the dice and lost’: Brantford judge

A Brantford judge recently wrestled with how to sentence an “otherwise decent” Niagara-area woman who drunkenly plowed head-on into a vehicle on Brant Road last year.

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Ashley Baxter, now 38, “rolled the dice and lost,” said Justice Robert Gee, noting that if she had simply crashed into a ditch, she likely would have ended up with a large fine rather than heading to prison.

“In the vast majority of drunk driving cases, people get lucky,” said Gee.

“It’s all due to chance and luck: they roll the dice and don’t have a bad outcome. I question if making the penalty depends on the outcome is the right approach.”

Baxter’s outcome changed the life of her victim, fracturing both his tibias resulting in repeated surgeries and infections.

In a victim impact statement read to the court, the 51-year-old man said the crash took him from a “strong, independent, hard-working family man” to a life of “torture”.

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“I’ve been diagnosed with depression, anxiety, PTSD and am emotionally affected. The pain every day makes it hard to see life in a positive way.

“This is no way to live.”

Baxter turned to the man’s family and friends who sat in the courtroom and, crying through a long statement, acknowledged her full guilt in the matter, pleading guilty to impaired driving causing bodily harm.

“While I have no recall of the events, that’s no excuse for a defense. Clearly I am responsible for my actions. I’m fully accountable for this crime and want to share how deeply remorseful I am for the suffering I’ve caused to so many.”

Baxter explained she had been battling alcoholism for almost two years before the collision and had just begun the process of getting help through a doctor, setting an appointment with a Rapid Access Addiction Medicine clinic for two days after the incident.

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Her lawyer said she hasn’t had a drink since the crash.

“I am determined to never put myself in this position again.”

Baxter’s lawyer also highlighted his client’s fast track to a guilty plea, lack of a record and a traumatic childhood that likely led to drinking.

But the lawyer accused Baxter’s extreme drunkenness – far over three times the legal limit, to a point that would hospitalize some people – plus a period where she was seen driving erratically before the crash, and the terrible injuries to her victim.

The lawyer made a case for sentencing Baxter to a community sentence that would include house arrest, GPS monitoring and community service.

But assistant Crown attorney Sean Bradley asked Gee to consider a sentence of two to three years in prison, plus a driving prohibition of up to 10 years.

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The judge quickly dismissed the idea of ​​a community sentence, saying it wouldn’t address the “profound harms” caused by impaired driving.

“It’s difficult to understate the dangers of impaired driving and the tragic consequences that flow from it,” said Gee.

He quoted other legal decisions that said drunk driving is “clearly” the crime that causes the most social loss to the country due to death, hospitalization costs and loss of work hours.

“What could we be doing differently? Since 1995 … the fines have gone up a bit, the minimum driving prohibitions have gone up and there’s been a recent trend of upward punishments (when) causing bodily harm and death.

But, generally, impaired driving results in fines.

The judge pointed out that before Baxter’s case he had just sentenced another person for impaired driving, agreeing to a $4,000 fine rather than jail.

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But despite saying Baxter was an “otherwise decent person who made a horrible mistake”, was remorseful and quickly pleaded guilty, the judge gave her prison time.

“This wasn’t an accident but a collision as the result of a crime.

“Your blood-alcohol count was exceedingly high, there was a period of poor driving prior to the event, you hit another vehicle head-on and caused profound injuries. That’s worth more than two years given the impact.”

Baxter was sentenced to two-and-a-half years in prison plus a five-and-a-half year driving prohibition.

“Don’t let this be a setback in terms of your recovery,” the judge told Baxter.

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