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Vancouver Off-Topic / Current EventsThe off-topic forum for Vancouver, funnies, non-auto centered discussions, WORK SAFE. While the rules are more relaxed here, there are still rules. Please refer to sticky thread in this forum.
This. Nothing would've stopped him from driving unless he remains in jail. Too easy to have an access to a car and this guy was driving while technically banned.
I'm suspecting that he's getting caught on purpose or naturally just so he can go back into jail. If he's a native and it's minimum security, I can sort of understand why. For a lot of struggling people, I can guarantee you that life inside is much better than in the real world.
The driver has a history of previous convictions for impaired driving and driving when his licence was suspended.
February 2007: Arrested for impaired driving in Fort St. John and convicted later that year. Sentenced in 2008 to a one-year driving prohibition.
December 2008: Arrested for driving with a suspended licence in Lillooet. Sentenced in 2010 to 30 days in jail and a three-year driving prohibition.
October 2009: Arrested for impaired driving in Lillooet. Sentenced in 2010 to 60 days in jail and a three-year driving prohibition.
April 2011: Arrested for operating a motor vehicle while disqualified in Lillooet. Sentenced later that year to 45 days in jail and a three-year driving prohibition.
March 2014: Arrested for driving with a blood alcohol level over .08, and operating a motor vehicle while disqualified. Sentenced in October 2014 to 144 days in jail and a three-year driving prohibition on the first count, and 120 days in jail on the second count.
wow, this sam alec driver dude is now in the shitter for sure...and only brings more light to our lame ass laws for repeat dui offenders.
if he is truly an alcoholic, then what can the system do to see people like this get help to ensure they're on the way to recovery...so that there is no repeat offence scenario ad nauseum leading to his sort of unnecessary carnage.
on the other hand, I guess you can't really 'recover' unless you truly want to...am pretty sure now he'll ''want to'', but little too late with the heart breaking devastation and damage already done.
holy shit dude, just by looking at that kind of history, it's very obvious that it was just a matter of time til he's gonna kill somebody.
epic fail for government for not doing anything about it
on a side note...how does ICBC handle a case like this?
As far as I know, ICBC does not cover DUI drivers.
Normally victims' families will be compensated for future living cost if they were relying on victim's income. Does this mean victims will personally have to file a civil lawsuit against this guy or what?
This. Nothing would've stopped him from driving unless he remains in jail. Too easy to have an access to a car and this guy was driving while technically banned.
Yeah I don't know about his life but he either did not give a shit about the law or had nothing to lose.
I do not want to be rude to the victim, but if I were the passenger, I would stay the fuck away from his car. Why did he even get in?
agree with your comment below
mine was asking: what is the govt doing to deal with alcoholism and repeat DUI offenders....it is a sickness, afterall...just tossing one's butt into jail without treatment does nothing.
and then i guess anyone can follow the process of attending any rehab sessions as part of one's rehabilitative sentence, but if they truly don't give a shit and aren't ready to change, then it's the 'if nothing changes, then nothing changes'.
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Originally Posted by Timpo
holy shit dude, just by looking at that kind of history, it's very obvious that it was just a matter of time til he's gonna kill somebody.
epic fail for government for not doing anything about it
Because if it isn't some spandex superstar is going to be going way too fast and not pay attention, and end up mowing down some old lady or child.
You can say the same for bicycle on the roads.
some drunk driver is going to mow down group of cyclists.
so should we ban cars from the road for the safety of cyclists?
seems to me, bicycle on the side walks is better option for everyone
jst my 2cents
Last edited by ImportPsycho; 06-03-2015 at 11:45 AM.
on a side note...how does ICBC handle a case like this?
As far as I know, ICBC does not cover DUI drivers.
Normally victims' families will be compensated for future living cost if they were relying on victim's income. Does this mean victims will personally have to file a civil lawsuit against this guy or what?
What are they going to get out of him though? The court can award them a billion dollars but the guy will have no money to pay them. Clearly he was just a walking breathing log of shit. I'm sure he had no job.
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Well.. I’d hate to be the first to say it, but Westopher is correct.
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Quote:
Originally Posted by vitaminG
too bad you cant get insurance on your bike... their families arent getting anything, unless they had life insurance
and im pretty sure uninsured motorist coverage is already included in basic insurance.
Wrong on the first point, correct on the second point. Underinsured protection is included in basic for up to 1 million dollars, you can add additional coverage to a total of 2 million dollars. The beauty of it is that it protects you from underinsured motorists, even if you're a passenger or a cyclist.
Quote:
If you're in a crash where the driver at fault doesn't have enough insurance to pay for your injury costs, Excess Underinsured Motorist Protection applies to:
you and anyone else in your vehicle
you, no matter what vehicle you're riding in, or when you’re a pedestrian or cyclist, and
members of your household riding in any vehicle (except ones they own), or who are injured as pedestrians or cyclists.
Note: Underinsured motorist protection coverage doesn't apply to crashes in provinces or states where the law doesn't allow you to sue and recover damages for injury or death caused by a vehicle crash.
Yeah it says on the fine print. ICBC will NOT cover DUI drivers even if you're under legal blood alcohol limit and police did NOT arrest you.
ICBC insurance policy says absolutely no alcohol allowed.
Criminal Code of Canada says you can drive up to 0.05 to 0.08%.
^ make sure you know that these are two different things.
So you go through a road block with 0.05% blood alcohol, cops won't care because you're not breaking the law.
But if you cause an accident, even at 0.01% blood alcohol, ICBC will NOT cover you because that is their insurance policy.
If you are hit by an insured driver, and they are intoxicated at the time, they are not considered insured.
BUT,
So long as that driver has a valid policy in Canada on the vehicle, the insurance company is binded by the absolute liability provision to cover the claimant for the federally mandated minimum statutory coverage of 200K.
Our DUI laws are a joke. It happens so often and kills many people, affecting many lives, yet are laws are pretty weak.
This guy was driving on a highway, but say we change the scenario, taking the bicycling out of this, and instead of a highway, he's driving say down Main St. and he running a red light and hits your friend/brother/family member as they are crossing the street. How would you feel if he only got 3 years of prison?
the driver was already suspended for DUI and wasnt suppose to be driving, couple native guys from pemberton kill "staples of the community" from whistler, nice
I agree with most in this thread that this individual deserves to feel the full force of the law (and more) ... but I don't agree that it's necessary to make reference to the driver's ethnicity. I assume you are attempting to layer in a stereotype to help make your point. Given the racist edge that adds to your comment and the fact that the driver was clearly and entirely at fault it was unnecessary.
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I agree with most in this thread that this individual deserves to feel the full force of the law (and more) ... but I don't agree that it's necessary to make reference to the driver's ethnicity. I assume you are attempting to layer in a stereotype to help make your point. Given the racist edge that adds to your comment and the fact that the driver was clearly and entirely at fault it was unnecessary.
the news story had like a minute thing on how the driver got along "with both sides, the whites and us" in interviews within the community
i dont think my comments went nearly as far as the global news reporters coverage..
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I agree with most in this thread that this individual deserves to feel the full force of the law (and more) ... but I don't agree that it's necessary to make reference to the driver's ethnicity. I assume you are attempting to layer in a stereotype to help make your point. Given the racist edge that adds to your comment and the fact that the driver was clearly and entirely at fault it was unnecessary.
In a similar case, the driver's ethnicity played a part in receiving a very light sentence.
Driver who killed pedestrian has jail term quashed on appeal; aboriginal background cited
Spoiler!
Quote:
Home / News / Accidents / Driver who killed pedestrian has jail term quashed on appeal; aboriginal background cited
Driver who killed pedestrian has jail term quashed on appeal; aboriginal background cited
By: Tim Petruk in Accidents, Courts, Crime, Justice, Law & Order, News February 13, 2015 117 Comments 61604 Views
IN THE PHOTO: The scene of the Nov. 21, 2012, collision that killed Valerie Brook. (KTW FILE PHOTO)
A B.C. Supreme Court judge has overturned a six-month jail term handed last year to a chronic prohibited driver who in 2012 struck and killed a pedestrian in a downtown Kamloops crosswalk.
Instead, B.C. Supreme Court Justice Alison Beames placed Donald Charles Isadore on three months of house arrest to be followed by four-and-a-half months under a strict curfew, ruling the original sentence did not take into consideration Isadore’s aboriginal background.
Beames knocked 44 days off of the original sentence for time served, which is how long Isadore spent in jail before being granted bail for his appeal.
At the time of the fatal crash, Isadore — who has never held a valid permanent driver’s licence, but has a record of driving prohibitions dating back to 1986 — was bound by multiple driving prohibitions and suspensions.
OPINION
COURT RULING A RACE TO THE RIDICULOUS
He had been sentenced less than three weeks earlier to a 30-day jail term and fined $500, in addition to a two-year driving ban, for a separate driving-while-prohibited conviction.
While driving a pickup truck while prohibited on the early evening of Nov. 21, 2012, Isadore struck and killed 66-year-old Valerie Brook as she crossed Victoria Street at Sixth Avenue in downtown Kamloops.
In the two months that followed the fatal collision, he was caught two more times driving while prohibited.
On Jan. 4, 2013, Kamloops Mounties got a phone call from a security guard at Lake City Casino, who said Isadore had driven to the facility.
Court heard the security guard recognized Isadore because casino security helped out in the aftermath of the collision that killed Brook, which took place on the same block as the casino.
Isadore was arrested, charged with driving while prohibited and released.
Four days later, casino security called police again after Isadore was spotted getting his parking validated at the casino desk.
He was arrested when he was kicked out of the casino at 12:30 a.m. on Jan. 9, charged with another count of driving while prohibited and released.
After a trial in July of last year, Kamloops provincial court Judge Stella Frame sentenced the 64-year-old to six months in jail.
Isadore appealed that sentence on the grounds that Frame failed to properly consider his native heritage in delivering her sentence.
Court heard Isadore attended an Indian residential school for 12 years, beginning when he was five years old. He struggled with drugs and alcohol as an adult, but has been clean and sober since the 1990s.
Isadore has been on disability for depression since 2001.
In her sentence, Frame called Isadore’s background a “horrific history.”
She noted, however, that his continued prohibited driving — he was busted behind the wheel five times since buying a pickup truck in 2010 — was not directly attributable to his native circumstances, but was because his friends and family asked him for rides.
On appeal, Justice Beames said that is where Frame erred, noting Isadore’s continued driving should be linked to his background.
“His decision to drive under those pressures is linked to his circumstances as an aboriginal person,” she said.
“That is to say, I find particularly there is something in his horrific lifetime experiences that mitigates his actions in driving despite his prohibition.”
Beames said Isadore’s time in residential school created “a lack of respect for the system.”
Prior to Isadore’s original sentencing last summer, Brook’s daughter, Loralie Loewen, spoke to the court.
“At the end of the day, I’m not sure it will fix anything because nothing’s going to bring my mom back,” she said. “Our family is left completely heartbroken. My mom is somebody who had a really caring heart.
Crystal Greffard, another of Brook’s daughters, said in court jail was the only option for Isadore.
“Nothing seems to make any difference — no matter how many suspensions he gets it doesn’t make a difference,” she said. “Killing someone doesn’t make a difference.
“How else can you keep someone like that off the streets, other than physically taking him off the streets and making it so he can’t get behind the wheel of a vehicle?”
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Last edited by Bouncing Bettys; 06-03-2015 at 09:48 PM.
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