Motorist gets $2,300 fine after having ‘extremely high’ blood alcohol levels

The death of his mother prompted Dorie Deigle to begin drinking heavily, which became his downfall after police found him driving with a blood alcohol level that was three times the legal limit.

Deigle, 55, was behind the wheel of his vehicle at 11:50 p.m. on Jan. 8 when another motorist called 911 to say there was an impaired driver on the road, Crown prosecutor Rob Parker said recently in Moose Jaw Provincial Court while reading the facts.

Police pulled over the Moose Javian on the 100 block of First Avenue Northeast and discovered that he “showed strong signs of impairment,” including the odour of beverage alcohol, difficulty keeping his eyes open and poor physical co-ordination in handing over his license, the Crown prosecutor continued. 

Officers later tested Deigle and acquired two samples that showed his blood alcohol content (BAC) levels were “extremely high” at .250 and .240, which was three times the legal limit of .08. 

The mandatory minimum fine for impaired driving is $2,000, but because of the elevated readings, Parker recommended that the judge impose a monetary penalty of $2,300, along with the usual one-year driving prohibition and cancellation of Deigle’s licence.

“Mr. Deigle did advise me … of the circumstances, that right around this time, he indicated he had lost his mother — she had passed away,” Parker said. “He was going through some difficult times, (which) was the reason he was drinking to excess.”

Since Deigle agreed to plead guilty to having a BAC level over .08, the Crown agreed to stay a charge of impaired driving and — to show compassion because of his family situation — declined to charge him with breaching a probation order, the Crown prosecutor added.

Judge Brian Hendrickson accepted the joint submission, saying the elevated fine was appropriate. He pointed out that driving while having a BAC level that was three times the legal limit was “extremely risky” for not only Deigle but other users of the road. However, he sympathized with the man’s circumstances.

“Obviously, in anyone’s life, it’s a traumatic moment when a parent dies,” the judge said.

Judge Hendrickson also commended Deigle for taking steps to address his addiction after the resident said he had been sober for seven months until this incident and had been sober for four months after attending a detox program.  

The judge agreed to waive the victim fine surcharge and gave Deigle three months — with the possibility of an extension — to work off his fine through the John Howard Society.