Emily's Case — Over 80 — Withdrawn

Between
Her Majesty the Queen, and
Emily W.

Ontario Court of Justice
Newmarket, Ontario
Judge Blouin

Withdrawn:  3 February 2009
(34 paras.)

¶ 1     MR. PENNEY:  Yes, Ms W., if you could come forward. And while she is coming forward, Your Honour, she has asked me to apologize, on her behalf, for her dress. She would have dressed more formally, but this was a matter that I hadn't anticipated resolving today, but it is being resolved and she rushed up here. Her daughter gave up her day of school to bring her up right away; that's why.

¶ 2     THE COURT:  Okay.

¶ 3     COURTROOM CLERK:  Your Honour, it's line 262 on the 200 docket and then we've just received the careless at line 95 on our docket.

¶ 4     THE COURT:  Okay, thank you very much.

¶ 5     MR. PENNEY:  And here's my counsel slip, Madam Clerk, and I've written out her name and address there for you and she is ready to be arraigned on the careless-driving Information.

¶ 6     THE COURT:  Thank you. Ms W., you have obviously spoken to Mr. Penney about this matter. You understand that you could have a trial on the original over-80 charge. The Crown is going to proceed on the careless-driving charge. By pleading guilty to the careless driving you, obviously, do not have the trial on the over 80, but you could have, and made the Crown prove the case beyond a reasonable doubt. You give up the right to the trial as a result of the guilty plea to the careless. You understand that?

¶ 7     EMILY W.:  Yes, Your Honour.

¶ 8     THE COURT:  Okay and, secondly, it has to be your choice to plead guilty. It cannot be anybody else's. You can get some advice but ultimately it has to be your voluntary choice to plead guilty. Is it?

¶ 9     EMILY W.:  Yes, Your Honour.

¶ 10     THE COURT:  Okay, this will be a joint submission, Mr. Penney, I take it?

¶ 11     MR. PENNEY:  Yes, with respect to the suspension. We haven't spoken about the fine, but I suspect once I give my friend the particulars of her financial situation my friend will be joining me with respect to that as well.

¶ 12     THE COURT:  All right. Whether it is a joint submission or it is slightly different, Ms W., I will listen to both sides. If it is a joint position, I normally go along with joint positions, but I don't have to. There are certain circumstances where I might not. So you have to understand that. It is up to me as to what the sentence is. You understand that?

¶ 13     EMILY W.:  Yes, Your Honour.

¶ 14     THE COURT:  Okay, sir. If Ms W. could be arraigned on the careless driving, then, please?

¶ 15     COURTROOM CLERK:  Emily W. stands charged on or about the 10th day of January, 2009, at the Town of Newmarket, did commit the offence of careless driving contrary to the Highway Traffic Act section 130. How do you plead to this charge as read, guilty or not guilty?

¶ 16     EMILY W.:  Guilty, Your Honour.

¶ 17     COURTROOM CLERK:  Thank you. You may have a seat in the chair just behind you.

¶ 18     MR. LEE:  Facts, Your Honour?

¶ 19     THE COURT:  Yes.

¶ 20     MR. LEE:  On the 10th day of January, 2009, the accused, Emily W. who is before the Court, was observed by a police officer at the Hasty Market located at 1 Raymerville Road in the Town if Markham. The officer observed a strong odour of alcohol coming from the accused's mouth. The accused then proceeded to leave the Hasty Market and get into her vehicle and drive away. The officer then followed the driver, the accused before the Court, and conducted a traffic stop, again, smelling the odour of alcohol. A road side demand was conducted, the road side test was administered and the accused registered an "F" on the road side screening device. The lady was then taken to Five District for a blood alcohol test and registering two samples above the legal limit. Court's indulgence, please? The readings were 120 and 130, truncated.

¶ 21     THE COURT:  All right.

¶ 22     MR. LEE:  And as a result, the defendant was driving without due care and attention by the consumption of alcohol while driving. Thank you.

¶ 23     THE COURT:  Thank you, Mr. Lee. Those facts, Mr. Penney, ...?

¶ 24     MR. PENNEY:  Substantially correct, Your Honour. We don't make any admission with respect to the blood alcohol readings, but I have discussed with Ms W. in detail the factual requirements for this plea and she's specifically admitting, Your Honour, that at the time she was stopped by the police officer she was driving without due care and attention for the road. There was nothing wrong in her driving. No inferences can be drawn from that, but because of all the circumstances she does admit that she was driving without due care and attention. Is that correct, Ms W.?

¶ 25     EMILY W.:  Yes.

¶ 26     THE COURT:  Okay. There will be a finding of guilt on the careless driving.

¶ 27     MR. PENNEY:  Thank you, Your Honour.

¶ 28     MR. LEE:  In terms of a sentencing submission, the Crown is seeking a $1,000 fine. I understand the Crown is seeking, also, an 11-month term of driving suspension.

¶ 29     MR. PENNEY:  That's correct and it's joint. Mr. D. and I hadn't discussed the fine. It's a joint with respect to the 11-month suspension and I'm going to give the financial circumstance. I am going to ask that Your Honour impose the minimum $200 fine and here's why, Your Honour.

[REPORTER'S NOTE:  At this time, counsel made submissions.]

¶ 30     THE COURT:  Thanks. Okay, Ms W., do you want to stand up, please? Ms W., is there anything you want to say to me before I sentence you? You don't have to say anything, but you have an opportunity if you want to say something to say that now?

¶ 31     EMILY W.:  If I may, Your Honour, I would just like to apologize for my actions. I am truly sorry. I have sought professional help. This will certainly never happen again. I assure you. It's affected me dramatically. It will also affect my ability to get another job, but so be it. I accept that, Your Honour.

¶ 32     THE COURT:  All right. Thank you, Ms W. Well, your attitude is one that I think is fair in the circumstances. You're right. It does affect your ability to find another job. For a woman of your age never having any trouble with the criminal justice system this is probably the last place you expected to find yourself today and I applaud you for resolving this matter very quickly. It's really only three weeks and a bit away from the offence and you, on the first appearance in Court, have hired counsel and come today to resolve the matter in the way it's been resolved. So you are to be given full credit for that. Mr. Penney is right, as you know, you have been suspended because of the automatic system for 90 days. You have done almost a month of that suspension right now and the joint submission is one for 11 months from today's date which I am being asked jointly to do. In the circumstances, given I am sure Mr. Penney's talked to you about all of the evidentiary aspects of an over-80 charge and you have seen your way to plead guilty this quickly to the careless driving. I am satisfied that in the circumstances here, with your financial considerations, that the $200 fine is the appropriate fine and I will give affect to that and fine you $200.

¶ 33     EMILY W.:  Thank you, Your Honour.

¶ 34     THE COURT:  Obviously, the financial considerations that are involved here are much greater than the $200 fine in the whole scheme of things with lawyer's fees and with insurance and all kinds of other things. So, financially, I think a penalty even with the $200 minimum fine will be paid here. So I am satisfied with the $200. I am going to give you 90 days to pay that fine.

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