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One impaired driver blew .290, the other hasn’t had a licence in five years

Two people convicted of drinking and driving got substantially different sentences, as their circumstances were both remarkable in their own way. One had several previous convictions. The other had no previous convictions, but had blown .
Estevan Court House
Estevan Court House

Two people convicted of drinking and driving got substantially different sentences, as their circumstances were both remarkable in their own way.

One had several previous convictions. The other had no previous convictions, but had blown .290, when the legal limit for blood alcohol content when driving is .08.

Both sentences were the result of joint submissions between the defence and the Crown.

Judge Lane Wiegers handed down the two sentences in Estevan Provincial Court on Monday. He was accompanied on the bench by newly-sworn-in Judge Michelle Brass, who didn’t speak during the morning docket court proceedings.

Brass is to replace Wiegers when he transfers to the Regina Provincial Court later this year.

First up, Kenneth C. Stelnicki was charged on Sept. 25, 2018, with operating a motor vehicle with a blood alcohol content over .08, and it was way more than that. His Ford F-150 was reported driving down 13th Avenue. Police found him at a gas station parking lot on the south end of town, in the driver’s seat.

He attempted to reverse the vehicle, but didn’t get far. He had a small bottle of vodka on him, bloodshot eyes and a strong smell of alcohol about him. This was at 11:30 a.m.

Stelnicki twice blew .290, more than three times the legal limit.

“Your honour, I do apologize for this regrettable action,” Stelnicki told the judge. He had no prior record.

Stelnicki was handed down a $1,500 fine, and a 12-month driving prohibition. He has four months to pay.

Jonathon L. Poitras, 30, was up next, for also earning a .08 conviction. On June 22, 2018, he was seen making a wide turn on 13th Avenue and police pulled him over for a traffic stop in a back alley. He had slurred speech, bloodshot eyes and the scent of alcohol on him. He blew into the breathalyzer three times, with results of .190, .160 and .160, all at least double the legal limit.

In Poitras’ case, Estevan Police Service Constable Jeff Fry pointed out that he hasn’t had a valid driver’s licence in five years, and has four convictions for driving while disqualified over the last 10 years. He also had previous drunk driving convictions.

Defence attorney Suzanne Wurtz said, “He regrets his decision to drive that day and he tells me he will probably never drink again.”

Poitras did not speak in his defence.

Wiegers, evidently familiar with Poitras, said, “It’s too bad to see you back here.

“Every time you drink, there’s a risk you’re going to hurt someone.

“You’ve got to get your drinking under control, before you find yourself in the penitentiary.”

While Poitras won’t land in the pen this time, Wiegers did send him to jail for 60 days in custody, followed by six months probation with standard conditions. This time Poitras earned a three-year driving prohibition.

As for a ticket for driving while disqualified, Wiegers fined Poitras $500. He concluded by saying, “Mr. Poitras, you are in custody.”

Poitras took his seat in the prisoners’ box, and then was led away.