Having a blood alcohol content (BAC) level that’s three times the legal limit would make operating a vehicle nearly impossible for most people since the body’s central nervous system would be extremely impaired.
For Ryan L. Drake, though, he managed to drive from Regina to Moose Jaw with exceptionally high BAC levels before the police eventually pulled him over.
Appearing in Moose Jaw provincial court recently, Drake, pleaded guilty to having a BAC over the legal limit of .08 and received a $2,000 fine, a one-year driving ban and the loss of his licence. He also has to pay a victim surcharge of $600.
The Crown withdrew a charge of operating a motor vehicle while impaired.
Motorists called RCMP at 5:45 p.m. on May 17 about a possible impaired driver travelling west on Highway 1, who may have also been operating an unregistered vehicle with his 10-year-old son in the vehicle, Crown prosecutor Rob Parker said while discussing the facts. When police pulled over the Chevy Express van, they found Drake at the wheel and his young son with him.
Drake, 43, fumbled with his wallet when police asked for his identification, initially giving them a Vitalis ID card before handing over his licence. He failed a sobriety test, so officers took him to the Moose Jaw police station. He provided breath samples of .26 and .24, which were more than three times the legal limit.
The Criminal Code says the fine for this should be $2,000, Parker pointed out. However, since Drake has his son with him and was driving impaired on the highway when other motorists were around, the Crown prosecutor encouraged Judge Daryl Rayner to impose a higher financial penalty.
Drake told Rayner that he had consumed three or four drinks the night before, and then that day, consumed a couple more drinks before leaving Regina. He was travelling to see his parents, who live on a farm 80 minutes outside Regina.
“I haven’t drank from that day,” he added.
“You had really high readings. You know better than that, especially with a son (in the vehicle),” Rayner said.
The judge explained he had to perform a balancing act with this case, weighing the aggravating — more serious — factors against the mitigating — less serious — factors, which included Drake acknowledging what he did was wrong and the fact he has lost his job.
“I hope this was a one-off. I hope you learn from this,” Rayner added, before imposing the financial penalties and stripping Drake of his licence for a year.
The Provincial Court section holds articles that have been written without prejudice with the information that has been presented in a public court of appeal available to the media and public.
