Driving while high led to a man getting a 40-month prison sentence on Monday. However, in colliding with a semi, the sentence could have been death.
Dustin James Whitrow pleaded guilty to several charges during his first appearance in Estevan Provincial Court after a traffic collision near Stoughton landed him in the clink. The 34-year-old from Yellow Grass pleaded guilty to possession of methamphetamine for the purpose of trafficking, impaired driving by drug and driving while suspended. Other Criminal Code charges were stayed by the Crown, but he is still facing other charges in Regina.
Crown prosecutor Scott Moffat read out the agreed facts in the joint submission between the Crown and defence. He explained that on Sept. 27, Fillmore RCMP responded to a two-vehicle collision on Highway 13 near Stoughton. (An RCMP press release noted that Stoughton Emergency Medical Services had also responded.) Whitrow had been driving when he crossed the yellow line into oncoming traffic, striking a semi.
The police press release noted the driver of the car, Whitrow, had received minor injuries. Moffat said police observed he had slurred speech, which resulted in the impaired driving charge after he was taken back to Weyburn for testing.
RCMP found a backback behind a nearby power pole. Their subsequent search found four grams of methamphetamine, a digital scale, baggies, drug pipes, four cellphones, and $1,075.25 in cash. They also found a “flick knife,” as Moffat described, something Whitrow was prohibited to possess due to a previous undertaking.
Moffat noted that Whitrow had a “significant record” which went back many years. He had two previous drug convictions, and the last sentence was for 24 months. Moffat pointed out to Judge Lane Wiegers that Withrow was pleading guilty at the very first opportunity.
Defence attorney Mike Weger said that Whitrow has three children that he pays child support for from a previous relationship, and currently has a girlfriend whom he has been dating for a year who is expecting their child.
She was present in the courtroom, sitting behind him in the gallery, and the two whispered to each other during the proceedings.
Weger said Whitrow has had a small drywall business for some time and, more recently, a new mechanic business. He had gone through drug treatment with his previous sentence. However, Weger noted, “He’s fallen off the straight and narrow path again.”
To that end, Weger said Whitrow would take drug treatment again with the new sentence.
Moffat asked for a 40-month sentence, composed of 36 months for drug trafficking, and four months for his breech of his previous conditions. A concurrent 18-month sentence was requested for possession of proceeds of crime. Moffat listed 15 items for forfeiture, including the drug paraphernalia, cash and cellphones. A lifetime weapons ban was also requested, as well as DNA samples be taken.
On the driving while impaired charge, Crown Prosecutor Chris Gratton sought the minimum sentence of a $1,000 fine and $300 victim impact surcharge, along with a 12-month driving prohibition.
Wiegers went along with the joint submission. He set the driving prohibition to begin when Whitrow gets out of the penitentiary. And that’s where he’s going, with a 36-month sentence for drug trafficking, plus four months consecutive for breaching his previous conditions. A concurrent 18-month sentence will be served for possession of the proceeds of crime. The forfeiture order and DNA order were granted.
Whitrow will have a total of five years from now to pay the victim impact surcharge, which was $300 for the impaired driving charge and a further $500 for the drug charge.
“It’s a tragic case. You’ve got a very long record,” Wiegers said, noting Whitrow had made very sad decisions.
He pointed out the sentence could have been much longer, and that if he got any more sentences, “They could get extremely long.”
