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Motorist avoids jail after receiving second impaired driving charge

Appearing Moose Jaw provincial court recently, Brady Patrick Moore pleaded guilty to his second impaired driving since 2017
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Moose Jaw provincial court is located in the W.G. Davies Building on 110 Ominica Street West. Photo by Jason G. Antonio

The Moose Jaw Police Service and Saskatchewan Government Insurance (SGI) work together to keep the roads safe, and vehicle check-stops help catch impaired drivers.

Appearing Moose Jaw provincial court recently, Brady Patrick Moore pleaded guilty to impaired driving. As part of a joint submission, he received a four-month conditional sentence order (CSO) — a type of sentence served in the community — that will be followed by 12 months of probation. He is prohibited from driving for the next two years and had his licence cancelled.

The Crown stayed a charge of having a blood alcohol content (BAC) over the legal limit of .08.

These are unique circumstances, said Crown prosecutor Rob Parker. Usually, the Crown would seek a short jail sentence in this situation since it’s Moore’s second impaired driving offence. However, the Crown doesn’t want to impose such punishment in this case since Moore, 26, is taking responsibility and wants the chance to seek treatment.

Most people guilty of similar offences attempt to receive help at the impaired treatment centre in Prince Albert. However, the Crown learned recently that the centre isn’t accepting anyone until November.

Moore’s offences occurred on Feb. 15 at 10:09 p.m., after he drove his white Toyota through an SGI check stop on the 1300 block of Main Street, Parker said while reading the facts. Police indicated that he showed signs of impairment, had blood-shot eyes, smelled of beverage alcohol, moved slowly and confusedly, and swayed while walking. He also had difficulty finding his licence for police.

Moore has a prior criminal record — his last offence for impaired driving was in 2017 — and he has accepted that he has problems with alcohol, while he wants to take responsibility for this and address those problems, said defence lawyer Tim Hansen. He relapsed recently after being laid off due to the pandemic and because he lost his licence. However, he has been receiving counselling since February.

“While there was no property damage and no one was injured, Mr. Moore does simply want to address the fact this is a serious infraction for him, not just legally but personally,” Hansen continued, adding the CSO and probation will give him the structure he needs to resolve his issues.

Offenders would typically go to jail for a second impaired driving offence, reiterated Judge Daryl Rayner. He agreed to accept the joint submission, pointing out that if Moore breached his CSO, the court would do one of three things: nothing, change the existing conditions of the order, or terminate the order and send him to jail.

In accepting the joint submission, Rayner noted Moore will have to abide by several conditions, such as keeping the peace and being of good behaviour, reporting to a probation supervisor, living at an approved residence, maintaining a curfew of 10 p.m. to 7 a.m., consuming no alcohol, drugs or cannabis, not visiting any place that sells such items, and taking programming or counselling as directed.

Rayner also directed that Moore will have to pay a $100-victim surcharge within one month.

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.  

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