This is a case involving impaired driving where the driver provided breath samples of 110 mg%. Crown Counsel made the decision to charge the driver with driving without due care and attention instead of impaired driving. The driver pled guilty at the trial and received a fine of $400 and a driving prohibition for 6 months.
Circumstances of the Impaired Driving
Kaarina Engelbrecht was reported to police in Kelowna as an erratic driver. She was speeding, swerving all over the road and had hit the median and a curb.
She was located by police but did not stop but carried on for some distance before running into the right hand curb and then stopping. During the roadside investigation she was screaming, abusive and uncooperative while trying to get back into her vehicle.
Ms. Engelbrecht was taken to the RCMP detachment for breath testing. She provided breath samples of 110 mg% and was charged with driving without due care and attention.
The Guilty Plea and Penalty
The provincial court judge was advised by the defence that Ms. Engelbrecht has already had administrative penalties applied by the Superintendent of Motor Vehicles. This included a 90 day prohibition, to complete the Responsible Driver Program and to have an ignition interlock in her vehicle for one year.
Judge Burdett imposed the penalty of $400 and a six month driving prohibition requested by Crown Counsel.
Appeal of Harsh Penalty
Ms. Engelbrecht appealed the conviction to the Supreme Court of BC saying that the provincial court had imposed a harsh and excessive sentence. She was already subject to an administrative driving prohibition, having to take the Responsible Driver Program and having an ignition interlock installed in her vehicle because of this incident.
Her appeal was not successful.
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