Manitoba judge gets tough on drunk driving charge
First-time offender slapped with 14-day jail term
CBC News
Posted: Jul 11, 2012 12:17 PM CT
Last Updated: Jul 11, 2012 5:40 PM CT
A Manitoba judge said the "gloves are coming off" against drunk drivers as he sentenced a first-time offender with jail time.
Provincial court Judge Raymond Wyant handed Jesse Friesen a 14-day jail sentence on Wednesday, along with a 15-month driving prohibition and two years of supervised probation.
Friesen, 29, was found to be four times over the legal blood alcohol limit when he was stopped on Highway 59 in June 2011 on his way home from his Gull Lake cottage.
A partially finished case of beer was on the passenger seat next to him.
The Crown and defence lawyers had jointly called for a fine and a driving prohibition.
Winnipeg defence lawyer Jay Prober, who was not involved in Friesen's case, said he was surprised by the sentence, saying the stiffest penalty he has seen for a first-time drunk driver is a $2,500 fine.
"It's a very, very unusual sentence in the circumstances of this case. I've never seen it before," he told CBC News.
Prober, who has represented clients facing similar charges, said he worries the sentence that was handed to Friesen could set a precedent.
"My concern would be that other judges may follow it," he said. "It would set a very severe sentence for first offenders who have no record."
In sentencing Friesen, Wyant said it was unacceptable and criminal for people to have alcohol in their system and drive.
Friesen's lawyer said he is not yet sure if his client will appeal.
Last month, the Manitoba government passed changes to the Highway Traffic Amendment Act to install alcohol-detection devices in the vehicles of first-time convicted drunk drivers.
While the amended legislation received royal assent in June, provincial government officials told CBC News it has not yet taken effect.
Justice Minister Andrew Swan said in May that about 1,800 Manitoba motorists were convicted of impaired driving for the first time in 2011.
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