Rex's Case — Over 80 — Guilty Plea to Careless driving

Between
Her Majesty the Queen, and
Rex L.

Ontario Court of Justice
Toronto, Ontario
Judge Shamai

Sentenced: 18 July 2008
(43 paras.)

¶ 1     MR. PENNEY:  This gentleman, Your Honour, is Rex L. My Name is Penney, P-E-N-N-E-Y, initial "C". We anticipate having him arraigned, Your Honour, and him entering a plea to a careless driving under section 130 of the Highway Traffic Act.

¶ 2     MR. BRANDES:  Right. Mr. L. was charged with an offence under the Criminal Code of operating a vehicle with over 80 milligrams of alcohol in his system. What we're proposing today is that he be arraigned on that charge and we're asking Your Honour to consider accepting a plea pursuant to section 606(4) of the Code to careless driving under the Highway Traffic Act, section 130, and we do have a joint position for your consideration.

¶ 3    THE COURT:  Okay. All right then. You have canvassed the plea inquiry regarding the Highway Traffic Act, I take it.

¶ 4    MR. PENNEY: Yes, Your Honour, I've had extensive discussions with Mr. L. He understands that he's waiving his right to a trial and that he's going to be making the admissions necessary to sustain a finding of guilt for careless driving. He understands that Your Honour is not bound by the joint submission but will consider it, and that Your Honour will determine a sentence that Your Honour considers fit in all circumstances. His plea, Your Honour, is informed and is voluntary.

¶ 5    THE COURT:  All right. And he is aware of consequences which may flow from the conviction under the Highway Traffic Act quite apart from the sentence of this Court.

¶ 6    MR. PENNEY:  Yes. The only extrajudicial consequence, I think, are the points with respect to careless driving.

¶ 7    THE COURT:  I do not know all of them, but insurance is often a concern in these matters.

¶ 8    MR. PENNEY:  Probation, jail, suspension and fine are all in Your Honour's hands. The only extrajudicial consequence for a finding of guilt under section 130 are the six points that will come off automatically — the demerit points.

¶ 9    THE COURT:  All right. Thank you. Are you prepared to go ahead?

¶ 10    MR. BRANDES:  I'm content that we proceed in this fashion.

¶ 11    THE COURT:  Thank you.

¶ 12    MR. BRANDES:  Thanks, Your Honour.

¶ 13    CLERK OF THE COURT:  Rex L., you stand charged that "on or about the 31st day of July, in the year 2007, in the City of Toronto, in the Toronto Region, having consumed alcohol in such a quantity that the concentration thereof in his blood exceeded 80 milligrams of alcohol in 100 millilitres of blood, did operate a motor vehicle, contrary to the Criminal Code." The Crown elected to proceed summarily on the 12th of September of last year. On this charge, the Highway Traffic Act provides that upon conviction of the offence with which you are charged, in the circumstances indicated therein, your driver's license shall be suspended forthwith for the period prescribed by statute. Knowing this, sir, how do you plead to this charge, guilty or not guilty?

¶ 14    MR. PENNEY:  Your Honour, on behalf of Mr. L. I'd like to enter a not guilty plea to the charge as read, but guilty to the offence of careless driving pursuant to section 130 of the Highway Traffic Act; and that's pursuant to s. 606(4) of the Criminal Code, having the Crown's consent to do that.

¶ 15    THE COURT:  Are you content with that, sir?

¶ 16    MR. BRANDES:  Yes, thank you, Your Honour.

¶ 17    THE COURT:  And with respect to the limitation period, Mr. Penney?

¶ 18    MR. PENNEY:  Yes, we're consenting to the Court's jurisdiction to determine this matter outside the six-month limitation period.

¶ 19    THE COURT:  Thank you.

¶ 20    MR. BRANDES:  Thank you. Your Honour. The facts that we're relying upon for the plea are as follows: July 31st, in the year 2007, it was around one o'clock in the morning that Mr. L. was operating his motor vehicle, a Nissan 350ZX, eastbound on the Fred Gardiner highway, right near Parklawn Road, in the City of Toronto. He was speeding at the time, Your Honour, and that's why he was stopped by the arresting officer. When the officer had a conversation with him, the officer noted the smell of an alcoholic beverage emanating from his breath. Ultimately, there was an investigation commenced and as you're aware, a Criminal Code charge was laid. The Crown is relying on the fact that Mr. L. was operating this vehicle on the Gardiner. He was driving too quickly. He was driving with alcohol in his system and without the due care and attention required to operate a motor vehicle under the Highway Traffic Act. Those are the facts.

¶ 21    MR. PENNEY:  Yes, Your Honour. I've reviewed those facts with Mr. L. this morning, Your Honour, and I reviewed with him specifically why he was speeding and whether or not he was driving without due care and attention. He advises me and wishes to admit before Your Honour that at that time he was driving without due care and attention and that's why the officer observed what he did in terms of Mr. L.'s behaviour. So we'd like to make that admission, please, and for Your Honour to find him guilty to the charge of careless driving under section 130 of the Highway Traffic Act.

¶ 22    THE COURT:  All right. Then Mr. L., given your guilty plea to the charge of careless driving under the Highway Traffic Act, and taking into account the admission of the Crown's allegations on your behalf by your lawyer, I find you guilty.

¶ 23    MR. BRANDES:  Your Honour, we're proposing a joint position for your consideration. I can only assume that it's in light of the fact that there were a number of issues in the Crown's case that the matter is resolving in this fashion. We're proposing a fine in the amount of $1,000.

¶ 24    THE COURT:  All right.

¶ 25    MR. BRANDES:  Those are my submissions.

¶ 26    THE COURT:  Thank you.

¶ 27    MR. PENNEY:  Yes, that is a joint submission, Your Honour. I'm prepared to give Your Honour some background if Your Honour —

¶ 28    THE COURT:  Please.

¶ 29    MR. PENNEY:  First of all, before I forget, Your Honour, there's a trial date that has to be vacated. A full day was set aside on the 2nd of September and I know the trial coordinator is waiting for a phone call. I did advise them, but they wanted to wait until the matter was determined.

¶ 29    Your Honour, Mr. Rex L. is 32 years of age. He's employed full time, Your Honour, as an account executive with a major bank. He's been gainfully employed with that major bank for the past seven years. He's otherwise, Your Honour, of good character. He has no criminal record. This is a matter, Your Honour, where in my submission, this is an acceptable middle ground. I had discussions with Mr. Bennett to arrive at this resolution, this joint submission, and I think Mr. Bennett was mostly persuaded by the fact that it would have been 14 months to get a "garden variety" over 80 matter to trial. That's why Your Honour has a joint submission before you.

¶ 30    I'd also ask Your Honour to take into consideration the fact that upon his arrest he was served with a 90-day suspension. So he has endured a 90-day suspension under the Highway Traffic Act that was administrative, but was a direct extrajudicial result as a result of the facts that are now before you. So subject to any questions Your Honour might have, those would be my submissions. The fine, Your Honour, is the maximum fine that is allowable for that offence under the Highway Traffic Act.

¶ 31    THE COURT:  Thank you. Mr. Rex L., do you wish to say something on sentencing?

¶ 33    REX L.:  No, thank you, Your Honour.

¶ 34    THE COURT:  All right. Well, you have entered a guilty plea to a charge of careless driving today under the Highway Traffic Act. You have admitted that you were operating your car at a high rate of speed, having consumed alcohol, and the result was you were not giving due care and attention to the conditions on the roadway. It was on the Gardiner Expressway, certainly a roadway that requires considerable attention from drivers, both for the safety of the driver and of others on the highway. I am told that you, in fact, have set down a day for the trial of this matter. I take into account that your guilty plea shows remorse in these circumstances and that it certainly saves court time. You have no criminal record. You are gainfully employed. It appears that you are otherwise an upstanding member of the community. I am asked to imposed the maximum fine for this offence. In all of the circumstances, I am prepared to impose the fine of $1,000. You will have time to pay.

¶ 35    MR. PENNEY:  Sixty days, please, Your Honour. And I can confirm his address, Madam Clerk — it should be on the Information — 5877 **** Street East.

¶ 36    CLERK OF THE COURT:  He actually has to go to room 156 and give his information there too.

¶ 37    MR. PENNEY:  He should do that now?

¶ 38    CLERK OF THE COURT:  Yes.

¶ 39    THE COURT:  You will have 60 days to pay that fine, sir.

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

¶ 41    THE COURT:  I will dismiss the criminal charge, the over 80. I am not sure if there is anything else.

¶ 42    MR. BRANDES:  I think it was just an over 80, Your Honour.

¶ 43    THE COURT:  All right. Thank you.

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