Impaired driver can stay behind the wheel, for now
Friday May 9 2008
By Richard Vivian
An admitted drunk driver has been allowed to keep his driver’s licence for at least six more months, despite objections from the Crown.
Justice June Maresca agreed to postpone her judgment and sentencing on Malcolm G. Tyas until December — he pleaded guilty this week.
Law requires that, upon conviction, persons who drink and drive lose their licence for at least a year; despite Wednesday’s plea, Tyas has yet to be convicted.
In December, a new program comes into effect allowing convicted impaired drivers to apply to get their licence back earlier, providing they have an ignition interlock system installed in their vehicle. The device requires an alcohol-free breath sample be provided before it allows the engine to start.
Maresca agreed to delay her judgment and sentencing until the program is in place on the condition Tyas has an ignition interlock system installed in his vehicle within two weeks of his plea.
“I think the public will be ... protected,” she said.
“Not a thing. Not a drop,” the justice stressed of Tyas’ alcohol consumption before getting behind the wheel.
Orangeville police stopped Tyas, a Barrie resident, shortly after 1 a.m. on April 19 of last year, having following him for a short distance observing his behaviour.
According to an agreed statement of facts, Tyas’ vehicle struck a fence and shrubs in a Broadway parking lot and repeatedly ran over curbs before being pulled over.
Police reported the man had “extremely slurred speech,” bloodshot eyes and, because of damage to his vehicle, had to climb out the front passenger side door.
Two breath-alcohol samples taken showed readings of 136 and 140 mgs of alcohol in 100 mL of blood — the legal limit is 80.
“He was grossly impaired,” Asst. Crown Attorney Jim Dixon told the court, describing Tyas’ driving that night as “absolutely appalling.”
It was defence attorney Brian Starkman who requested the postponement of Maresca’s judgment and sentencing. He cited the case of Carlo Piccone, who was recently granted a similar delay, with similar conditions, by a judge in Newmarket.
“His driving privileges are important to him,” Starkman said, explaining his client works as a professional knife sharpener in the Greater Toronto Area and must commute for work. “He has no record.... There is agreement about a fine and a driving prohibition.”
Dixon, however, urged the justice to proceed without delay and suspend the man’s licence.
“This is a matter which ... should be concluded,” he said. “There should be some
finality.”
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