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Winnipeg Free Press - PRINT EDITION
Judge frets, but sentences drunk driver to 8 months
A Manitoba judge had some chilling words Tuesday for a chronic drunk driver she sentenced to eight months in prison after briefly considering a much longer period behind bars.
"I'm going to wonder for some time if I've given you the opportunity to go kill someone," Queen's Bench Justice Colleen Suche said in setting aside her concerns and agreeing to a joint-recommendation from Crown and defence lawyers. She noted the Manitoba Court of Appeal has strict guidelines on when a judge can override plea bargains struck by experienced counsel.
Ivan Popovic, 43, pleaded guilty to driving his car at more than triple the legal limit for an incident that dates back to July 2006 and has been dragging through the courts. Several motorists called 911 to report a vehicle travelling the wrong way down a single-lane Manitoba highway just north of Powerview. RCMP arrived to find Popovic had crashed into a ditch and was staggering near the scene. His speech was slurred, eyes bloodshot and police had to help prop him up to walk to his cruiser.
Police also found two bags of marijuana hidden inside his vehicle.
Popovic has three prior drunk driving convictions, along with three other incidents of driving while disqualified. He has battled alcohol addiction for years with little success, despite numerous attempts at court-ordered treatment and programming. His last impaired conviction in 2005 led to a five-month jail term.
"Without treatment he's a menace to society. You're just a walking time bomb," Suche said. "It's one thing to take yourself out. It's another to take others out. You may as well be walking around with a loaded gun."
Suche was considering a sentence of two years in federal prison for Popovic, which she said would give him access to much better treatment options than what a provincial jail could offer.
"I'm very concerned he needs major treatment. I'm concerned eight months in Headingley isn't sufficient to address those concerns," said Suche.
Defence lawyer John Corona told her such a penalty would far exceed the typical range for a case of impaired driving where there was no bodily injury or death to anyone. He described Popovic as a "sweetheart" when he's not drinking.
www.mikeoncrime.com
Republished from the Winnipeg Free Press print edition June 30, 2010 A3
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