Judge Fines And Suspends Repeat Drunk Driver

By Robert Thomas

Having to drive impaired because he was forced to and not because he wanted to was no excuse for a Paddockwood man in Moose Jaw Provincial Court on Tuesday morning.

Appearing before Judge Daryl Rayner a self represented Harley Wick freely admitted to driving impaired but had a good reason to do so.

He had to meet a truck driver to pay for the delivery of his winter wood supply. A driver who came a day early and wanted to be paid that day prior to delivery.

“I know I was over .08 so I intended to plead guilty,” Wick told Judge Daryl Rayner, adding “I never intended to drive that day but I had to take a money order to the truck driver…I drove into the ditch and rolled the truck.”

Crown Prosecutor Rob Parker told court on October 3, 2022 a complaint had been received “about a truck that had gone off of the road and there was a possible impaired driver.”

The Shellbrook RCMP arrived with a tow truck and had Wick blow and fail on a roadside device.

On the breathalyzer Parker said Wick had blown .170 and .160 twice the legal. 08 limit.

Parker said the Crown would be asking for an enhanced fine because of Wick's record which included 1997 and 2016 convictions for impaired driving.

“2016 is just outside where we would be asking for a jail sentence,” Parker told the Court before stating the Crown sought an enhanced fine due to Wick's previous convictions.

Wick agreed he was impaired going on to recount how he had had his own tow truck - often used by the RCMP - already hooked up and prepared to tow the vehicle to the lot where the wood would be stored.

Wick complained the RCMP had had the tow truck he had hired unhook and then the tow truck the RCMP had brought in tow hooked on and took his Dakota truck not to the wood storage lot but to an impound lot.

“It (Wick's truck) didn’t need to be hauled to PA (Prince Albert) and had these costs added to it. I’ve probably lost my truck.”

Judge Rayner said getting his truck back was between Wick and the RCMP.

Wick further explained his reasons for driving impaired and it was not just getting his winter firewood it was also getting to Moose Jaw where his sister is seriously ill and dying.

The accused explained he was following the truck to the wood storage lot and suddenly a combine pulled onto the road. He said to avoid an accident he had pulled his truck into the ditch where the vehicle rolled.

When the RCMP attended the scene an uninjured Wick was sitting inside his vehicle.

“I was trying to get the wood done and get down here,” he said.

Judge Rayner told Wick the Crown was seeking a higher than the minimum $2,000 fine because of the accident, the degree of impairment and his prior two convictions for impaired driving.

“I throw myself on the mercy of the Court,” Wick responded.

“I’m glad you weren’t hurt, nobody else was hurt and obviously you took the necessary (driving) actions to avoid this,” Judge Rayner told the accused.

The Judge went on to state he was not taking into account the single vehicle accident into account due to the accused actions to prevent a much serious collision.

Judge Rayner did say he was however taking into consideration the degree of Wick's impairment and his prior two driving while impaired convictions.

“You thought you needed to drive but you were wrong,” Judge Rayner strongly told Wick.

The Judge asked Wick if he was employed who answered no he was not and he earned just under $1,000 monthly because he was disabled.

Wick said he had employment lined up with a farmer once the snow melted and they could get onto the fields.

After hearing about Wick's financial situation Judge Rayner said he was imposing a $2,300 fine and not the $2,500 sought by the Crown.

Additionally Judge Rayner waived the $6,900 Victim’s Surcharge as it was not in the public interest.

Due to his financial predicament Judge Rayner gave Wick one year to pay or work off the fine.

In addition Wick is prohibited from operating a motor vehicle or obtaining a license to do so anywhere in Canada for one year.

Before Wick left Judge Rayner wished him best wishes regards being with his seriously ill sister who resides in a local continuing care facility.