A trek to buy cigarettes did not go as Dustin Fredrick Usher planned, as a bicyclist ended up on the hood of his vehicle and police were called to investigate.
When police arrived at the scene, they smelled alcohol coming from Usher; two breath tests revealed his blood alcohol content (BAC) level was .10, or just above the legal limit of .08.
Appearing in Moose Jaw provincial court recently, Usher pleaded guilty to having a BAC level over the legal limit within two hours of ceasing to operate a conveyance. He received a one-year driving ban, had his licence revoked, and received a fine of $1,200 with four months to pay.
The Crown stayed a charge of operating a vehicle while impaired.
Moose Jaw police were dispatched to a motor vehicle collision involving a bicycle and vehicle near 10th Avenue Southwest and Vaughan Street on June 13 at around 10:30 p.m., said Crown prosecutor Robbie Parker while reading the facts.
Usher was northbound on 10th Avenue Southwest and slowed for a yield sign, before proceeding through since he did not see any vehicles coming, Parker continued. However, he missed the cyclist riding west across 10th Avenue Southwest and struck the man, who flipped up onto the hood of the vehicle.
“Mr. Usher immediately stopped and got out to check on (the cyclist). I’m happy to report, your honour, that (the cyclist) received only minor scrapes and bruises,” added Parker.
The Crown sought an elevated fine of $1,500 since a cyclist was involved, plus the usual one-year driving prohibition.
“I try to do my best in life, but I messed up,” Usher told Judge Brian Hendrickson. “I’d like to apologize. I was going to get cigarettes, and the next thing I know, there is a gentleman on my hood.”
Usher shouldn’t drive when his blood alcohol levels are over the legal limit, Hendrickson said. Although the man has a previous criminal record, this was his first offence for impaired driving. Since Usher accepted responsibility immediately and is taking this seriously, Hendrickson reduced the fine to $1,200.
“Hopefully you’ll learn from that,” added the judge.
