A Southwestern Ontario woman managed to evade impaired driving charges in Lambton County after being convicted instead of careless driving.
Still, Sehar Qureshi, an articling student at a law firm in Toronto, said her client made a poor decision that day.
“She understands that she’s being given a second chance today,” she said earlier this week in a Sarnia courtroom.
The court heard a Lambton OPP officer saw the 22-year-old woman park a black Chevrolet Cruze shortly before 5 pm on June 5. She had some alcohol in her system at the time, but it was unclear how much.
The officer later saw her come back to the car and turn the engine on. The officer also noticed signs she might be impaired, so a demand for a sample of her breath was issued.
The woman failed the roadside test, was arrested and taken to headquarters for more testing, which showed she had between 107 and 124 milligrams of alcohol in 100 milliliters of blood. The legal limit is 80 milligrams.
But based on the facts and a backlog of cases across Ontario due to the pandemic, the Lambton Crown attorney’s office opted to prosecute a Highway Traffic Act charge of careless driving instead of a criminal charge.
“It is a matter where we find that it is appropriate for – if your honor agrees – for a careless driving probation order to be entered into, as well as a $1,000 fine,” assistant Crown attorney Josie Baier said to Justice Mark Poland.
Qureshi suggests the same award and her client apologized.
“I’d just like to own up and apologize for my mistake. I truly believe I have worked very hard to better myself since that day and, if given the opportunity for a second chance, I would be extremely grateful,” the woman said.
Poland agreed the case met the test of careless driving and imposed the suggested sentence, leaving the woman without a criminal conviction and, as a result, she won’t be identified.
The judge, though, cautioned her and the rest of the court about the dangers of driving after drinking alcohol.
“The reality is that anytime somebody gets behind the wheel of a motor vehicle with alcohol in their system the prospect for serious issues – issues causing bodily harm or even death – are real,” he said.