Seven is supposed to be a lucky number, but for Dennis Rust, picking up his seventh impaired driving charge has landed him in jail.
In Moose Jaw provincial court on Aug. 12, Judge Brian Hendrickson sentenced Rust, 56, from Davidson to 15 months in jail, followed by a driving ban of five years and the cancellation of his licence.
Rust had pleaded guilty to having a blood alcohol content (BAC) over the legal limit of .08 during a previous court appearance; the Crown stayed the charge of impaired driving. He was back in court to hear Henderickson’s decision and rationale for jail.
Rust’s seventh arrest for impaired driving occurred on March 30, after he was spotted driving into Davidson from Highway 44, Hendrickson said while reading the facts. Of the two BAC readings taken from Rust, the lowest was .120, or nearly twice the legal limit.
Rust’s first conviction for impaired driving occurred in 1983, while his most recent was in 2012, the judge continued. He received six months’ jail for his sixth conviction. His record also shows he drove three times while suspended.
According to a pre-sentence report, Rust had a difficult upbringing since his father committed suicide when he was a youth; he found his father after the action. This led Rust to begin drinking as a young man.
While his background is traumatic, the report noted Rust fails to appreciate the seriousness of his offences, Hendrickson said. Quoting from the report, the judge pointed out Rust describes his past offences as “going on the odd bender.” He has also minimized his current offence since he thought he was OK to drive and wasn’t going far. He also doesn’t view his alcoholic consumption habits as an issue.
“Clearly the accused has to understand that he has a problem with alcohol, and when he drinks and drives, he presents a risk to the public,” Hendrickson said.
The mitigating factors — or aspects that lessen the seriousness of the offence — of the case include Rust pleading guilty, not injuring or killing anyone, and being willing to take alcohol treatment, the judge continued. The aggravating factors — or aspects that make the matter more serious — include this was his seventh conviction, he had BAC readings over .120, he fails to appreciate how serious this is, and he has a prior criminal record.
A proper sentence should ensure there is deterrence so this doesn’t happen again, while also ensuring the public’s safety, said Hendrickson. He then referenced two other court cases to explain how he came to the proper length for the jail sentence.
“Taking various factors into account, the sentence has to be custodial … ,” he continued. “You cannot drink and drive.”
Rust did not say anything as the judge spoke.
Hendrickson then said 15 months in jail is appropriate, along with a five-year driving ban after his imprisonment is finished. However, Rust will have to apply on his own to get into the impaired driver treatment centre.
