Brandon Sun - PRINT EDITION
A provincial court judge has rejected a repeat drunk driver’s request to serve his jail sentence on weekends.
“An intermittent sentence is simply not a strong enough deterrent,” Judge Shauna Hewitt-Michta said.
Christopher Brian Palaniuk, 31, was sentenced on Monday for driving with a blood-alcohol level over the legal limit.
Crown attorney Garry Rainnie recommended 30 days in jail and a two-year driving ban as he described the events that led to the charge against Palaniuk.
On March 22, a police officer spotted a vehicle travelling west at high speed along Pacific Avenue.
The suspect vehicle passed another on its right side, throwing dust and debris into the air as it went.
The officer pulled the suspect vehicle over and the driver, Palaniuk, smelled strongly of liquor and had glassy eyes.
An empty beer can and empty beer box were in the vehicle, and would have been within Palaniuk’s reach.
Tests showed that he had more than double the legal limit of alcohol in his system.
Palaniuk already had two previous convictions for drunk driving.
Rainnie pointed out that those convictions hadn’t deterred Palaniuk from drunk driving again, putting others at risk.
Defence lawyer Patrick Sullivan said Palaniuk lost his job as an oil field geologist as a result of being charged.
But this latest drunk driving incident prompted Palaniuk to deal with some underlying problems.
Palaniuk had been using alcohol to treat a previously undiagnosed anxiety and depression problem for which he has now been prescribed medication.
Palaniuk has also taken steps to address his drinking, Sullivan said. He completed a 21-day residential treatment program and continues counselling.
Sullivan said his client had managed to secure a job in construction.
To allow Palaniuk to keep his current job and continue rehabilitation, Sullivan asked the court to impose a high fine and driving prohibition instead of custody.
Hewitt-Michta, however, said Sullivan’s suggested sentence wouldn’t send a strong enough message — she imposed 30 days in jail instead, as requested by Rainnie.
Sullivan then made a pitch to have his client serve his time on weekends, but Hewitt-Michta rejected that request too — it still wouldn’t send a strong enough message to condemn impaired driving.
She also imposed a two-year driving ban.
» ihitchen@brandonsun.com
Republished from the Brandon Sun print edition September 12, 2012
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A provincial court judge has rejected a repeat drunk driver’s request to serve his jail sentence on weekends.
“An intermittent sentence is simply not a strong enough deterrent,” Judge Shauna Hewitt-Michta said.
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A provincial court judge has rejected a repeat drunk driver’s request to serve his jail sentence on weekends.
“An intermittent sentence is simply not a strong enough deterrent,” Judge Shauna Hewitt-Michta said.
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Posted by:Realityplus
September 13, 2012 at 11:52 AM
Its about time they start locking them up, but a 2 year driving ban doesn't work as they drive anyways!