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Tough sentence for drunk driving not appealed

Manitoba judge’s ruling precedent-setting

By: Mike McIntyre

Posted: 08/14/2012 1:00 AM | Comments: 0

Judge Ray Wyant

It appears the gloves will be staying off: Manitoba’s highest court will not be asked to intervene in a potentially precedent-setting drunk driving case.

Provincial court Judge Ray Wyant turned some legal heads last month when he took the rare step of ignoring a joint recommendation and raised the bar for the kind of criminal offence he said is becoming too common.

Jesse Friesen, 29, appeared in court hoping to get a fine and one-year driving ban under terms of a plea bargain struck by the Crown and defence. Instead, he left with a 14-day jail term, a 15-month driving prohibition and two years of supervised probation.

Friesen and his lawyer had exactly one month to file an appeal, and many within the legal community speculated it would be done. Even if Friesen was willing to take his punishment, many people believed defence lawyers wouldn’t want to have Wyant’s penalty become a weapon for prosecutors to use in the future.

But that’s exactly what appears to have happened, as the Aug. 11 appeal deadline passed without any paperwork being filed, court officials confirmed Monday. "I want the public to know that in imposing a jail sentence on Mr. Friesen, I am sending a message, and a warning, that the gloves are coming off when it comes to these types of cases of drinking and driving," Wyant said in handing down his decision on July 11.

Friesen, who had no criminal record and didn’t hurt or injure anyone, has lost his opportunity to become a firefighter because of his crime. He also expressed remorse for his actions and had strong family support in court. Wyant said despite all those positive factors, he needed to come down hard with the type of sentence he said he’s never imposed before in these circumstances.

Friesen was arrested last summer with a 0.33 bloodalcohol reading, which indicates an extreme level of intoxication. He was returning to Winnipeg from his cottage one evening and managed to avoid hitting other vehicles before driving into a ditch on Highway 59.

Wyant was particularly upset with Friesen’s level of impairment, which was more than four times the legal limit. Wyant said expert witnesses have testified people who are that impaired have acute alcohol poisoning and struggle to stay alive. As part of his probation, Friesen must abstain from alcohol and undergo counselling and treatment.

The true impact of Wyant’s decision remains to be seen. Last week, another first-time offender was given a four-month jail sentence for a drunken crash in which he injured a young woman.

"If (Wyant) saves one life due to this judgment, it was worth it," said Wayne Bodnarchu, a spokesman for the Winnipeg chapter of Mothers Against Drunk Driving.

www.mikeoncrime.com

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