A Saskatchewan judge has overturned a lower court ruling and reduced the sentence for a repeat drunk driver.
David Boyer pleaded guilty in provincial court in June to drunk driving – his third conviction after similar offences in 2007 and 2011.
READ MORE: Families impacted by drunk driving welcome new changes to Sask. impaired driving laws
According to a ruling recently posted online (embedded below), Boyer was traveling from Calgary to Regina on the afternoon of Sept. 11, 2015 and ended up on the wrong side of Highway 1.
Police received five 911 calls over a 10-minute period that the vehicle Boyer was driving was traveling at a high rate of speed heading east in the westbound lanes.
Other drivers had to swerve to avoid him.
READ MORE: Saskatchewan getting tougher on impaired driving with new laws
He was stopped by police after 22 kilometres and according to police, could not stand without leaning or holding on to something.
Boyer was arrest for impaired driving and taken to the Maple Creek RCMP detachment where a breath sample found his blood alcohol level to be 0.28.
A joint submission was made for a sentence of 34 days to be served at the Saskatchewan impaired driver treatment program, six months probation and a three-year driving ban.
The judge said that sentence would be contrary to the public interest, and instead handed Boyer 180 days behind bars, one year probation and a 2 1/2-year driving ban.
READ MORE: Eight impaired driving offences a day in September: SGI report
But a Court of Queen’s Bench judge has allowed Boyer’s appeal and restored the 34-day sentence.
The judge, Jeff Kalmakoff, said the sentence was undoubtedly lenient in light of Boyer’s criminal record, but was not contrary to the public interest.
Kalmakoff also said in the ruling that the lesser sentence did not bring the administration of justice into disrepute.
With files from Global News
Comments