Confusion At Admittedly Hazardous Intersection Has Man Asking Judge For A Break

Confusion and a momentary lapse in judgement at a busy intersection had a motorist asking Judge Brian Hendrickson for a second chance given the effect it would have on his employment and ability to help his father financially.

The appeal was partially successful with Moose Jaw Provincial Court Judge Hendrickson reducing the fine from $230 to $100 but the man’s perfect spot free driving record was not left untarnished in the final decision.

Something the driver had hoped would be the final result.

Speaking in broken English the driver, A Singh, on Monday morning asked the Judge to give him a much needed break with a promise to never do it again. He told Judge Hendrickson the fine and resultant mark on his driver’s abstract would result in him being paid less by his employer.

According to the Crown the driver rolled thru a stop sign coming off of the North Service Road to 9th Avenue NW and then did a similar rolling stop on a second nearby stop sign.

A man plead guilty for failure to stop at a stop sign on the north service road near the intersection of 9th Avenue NW and the Trans-Canada Highway a situation the City of Moose Jaw wants fixed with vehicle actuated traffic lights - MJ Independent photo

The incident occurred at the intersection of 9th Avenue NW and the Trans-Canada Highway - an intersection the City of Moose Jaw has called “a hazard and a death trap.”

Unfortunately for the driver the police were fueling up at the nearby bulk station and witnessed the failure to come to a complete stop at two stop signs and as a result Singh was served with a $230 fine.

Court heard the accused had spoken to the Crown and had managed to reduce the fine by $80 to $150 by agreeing to plead guilty in Moose Jaw Provincial Court.

While in court the driver, an immigrant from India, told the Judge the effect the fine would have on his family and that it was a momentary lapse in judgement at night he promised he would never commit again.

Financially the man said he was he sole bread winner to assist his father who could not work due to illness in India and “I have to send money to my father he cannot work.”

Singh said he had to work long hours six days a week to barely squeeze by financially.

Asked why he had committed the offense the driver said it was “because it was dark”, confusing “and 15 meters between two stop signs.”

Judge Hendrickson told the driver he already had been given a break by the Crown by reducing the fine from $230 to $150.

The driver asked the Judge to consider the effect of the fine and conviction on him given the offense and his decades long spotless driving record both here and in his native land of India.

“Magistrate I am not wild on any road at any time…it was a mistake and I don’t know how it happened,” the accused said, adding “I want to ask you give me a chance and I promise it will not happen again.”

The driver then admitted he was guilty but once again spoke about the confusion of the intersection and asked the Judge to use his judgement to grant him a second chance.

It should be noted that Judges have the judicial discretion to not agree to any plea deal between the accused and the Crown if the judgement agreed to is not in the interest of justice or a just punishment.

Judge Hendrickson said the man had agreed to plead guilty, had confessed to the driving infraction but his hands were tied as far as not finding the driver guilty.

The Judge did cut the driver a break by further reducing the fine to $100 and not the $150 agreed to between the driver and the Crown.

“I will impose a fine of $100 it’s a bare minimum,” the Judge said.

Mr Singh asked Judge Hendrickson if there was anything he was able to do to ensure the driving conviction did not end up on his driver’s abstract as it would severely impact him financially.

“My company will cut my pay…they will decrease my salary and it will go on my (driving) record.”

The Judge said his hands were tied and he could not order the conviction not to appear on Singh’s driving record.

“I can’t do anything about that. I can only impose a fine amount…again I think it will go on your driving record…I have no say over that whatsoever,” Judge Hendrickson told a disappointed Singh.

Given Singh’s tight financial conditions Judge Hendrickson gave Singh three months to pay the $100 fine.

EDITOR’S NOTE - The City of Moose Jaw has asked the Province’s Department of Highways to upgrade the intersection of 9th Avenue NW and the Trans-Canada Highway to help prevent accidents.

The City has been asking for literally decades for changes to the busy intersection calling it a death trap. Traffic numbers and driver confusion are just two of the things the City has quoted as severe hazards that could lead to serious injury and death if action not taken.