The prosecutor was initially going to push for jail time for a man convicted of drunk driver after slamming his vehicle into an SUV at a busy Sarnia intersection.
“In my view, that certainly is within the range, given the circumstances of this offense,” Justice Krista Lynn Leszczynski said while sentencing Jeremy Davis. “You’re lucky, sir, that neither you nor (the victim) were more seriously injured and that no one died as a result.”
The court heard Davis was heading south on Murphy Road in his gray Ford pickup truck on Oct. 3, 2019, while a woman was sitting in her gray Ford Escape stopped at a red light at Exmouth Street. A drunk Davis barreled into the back of her SUV.
“The force of the impact pushed her vehicle through the intersection,” assistant Crown attorney Meaghan Jones said.
Davis, who also hit a hydro pole after the initial crash, was “extremely” unsteady on his feet, had slurred speech and smelled like alcohol, police noticed. He was arrested and taken for testing, which showed he had between 250 and 270 milligrams of alcohol in 100 milliliters of blood.
“More than three times the legal limit,” Leszczynski pointed out.
The woman, complaining of neck pain and being “very” sore, was taken to hospital by paramedics. She was diagnosed with whiplash and put in a neck brace, but eventually recovered.
Davis, 35, pleaded guilty Tuesday over Zoom from defense lawyer James Guggisberg’s office to one charge of being over the legal limit within two hours of driving.
Assistant Crown attorney Meaghan Jones said they initially were going to ask for jail time due to the “extensive” damage, the woman’s injury and the “very” high readings. Instead, both sides ended up suggesting a fine between $2,700 and $3,000, along with a two-year driving ban.
Despite the Crown’s stance changing from a stint behind bars to a stiff fine, the judge said she accepted the altered position due to a “number” of factors but landed on the highest monetary penalty suggested.
Davis told the judge he’d been going through “a lot” at the time.
“It’s not an excuse or anything. I made a very horrible mistake and impacted someone’s life very deeply,” he said. “I’m very, very sorry. I’m very sorry of that night.”
“I hope for your sake and for that of others that you have learned your lesson as a result,” she responded.
Another charge was withdrawn.