Judge slams extremely drunk driver who crashed into motorcyclist

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SIMCOE – The entitled behaviour of a Southwestern Ontario man – and all drunk drivers – was slammed in court here by an appalled judge who denounced his choice to drive with roughly four times the legal limit of alcohol in his blood.

Justice Gethin Edward said the victim of Norfolk County man Sean Stewart, 54, went for a motorcycle ride on a beautiful spring day before Stewart “ploughed into him” from behind.

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“His injuries will continue for the rest of his life because of your irresponsible, selfish, neglectful, arrogant attitude, knowing you’re an alcoholic and thinking you could still drink that much and get in your vehicle,” Edward said.

The collision took place just after 6 p.m. on April 13 on Fourteenth Street West, north of Simcoe. Stewart, who had been passed by the motorcyclist, followed it and hit the motorcycle as it was turning left from the road.

The man riding it, a sports-playing 55-year-old from Norfolk County, was 20 seconds from his destination when he was slammed from behind by the company vehicle, tossing him 150 metres through the air and causing several serious injuries from which he may never fully recover.

He was flown to hospital and resuscitated before spending three weeks in a coma and three months in hospitals.

The man was left dealing with head trauma, facial fractures, a brain bleed, broken teeth, a broken neck, an aneurysm, and broken ribs. He underwent multiple surgeries to his neck, spine and pelvis.

In a victim-impact statement, the man listed the physical, emotional and financial issues he’s faced since the collision.

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“Whatever the reason – alcohol, speed, following too close or whatever Sean Stewart tells himself to sleep better at night – is between his conscience and God,” the man wrote. “I hope we both find our peace to make ourselves better.”

The judge said Stewart knew he had a serious alcohol problem, but “it didn’t diminish his belief he was entitled to drive.”

And, said Edward, it was highly likely he had driven while impaired on other occasions but hadn’t caused another tragedy or been caught.

Defence lawyer Shawn Swarts told the judge Stewart’s arrogance had been “thoroughly shattered” by the incident and he will pay various penalties in the coming years

“I’m truly sorry for what I’ve done,” Stewart told the judge. “I know that doesn’t fix anything.”

Edward said he’s learned the Ontario Provincial Police have ramped up how roads are monitored due to a spike in impaired driving causing bodily harm.

“It’s becoming more problematic,” the judge said. “I thought we had a handle on this with education in schools that was supposed to wake people up, but it doesn’t seem to have sunk in for way too many people.”

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While Swarts asked the judge to consider a sentence of 12 to 16 months in jail, assistant Crown attorney Lynette Fritzley said 18 to 24 months was appropriate.

“When officers stopped him, he was heavily impaired and, with blood-alcohol readings over 300 (the legal limit is 80), how he could even find his car, let alone get in it and drive is surprising,” Fritzley said.

Fritzley noted that Stewart is working on his alcohol problems but is “still drinking.”

Edward sentenced the man at the top of the range, saying there were few cases worse, giving him two years less one day, plus three years on probation, and recommending a jail that specializes in alcohol addiction.

“You were in a weapon,” the judge told Stewart. “You operated that weapon and caused untold harm with that weapon.”

SGamble@postmedia.com

@EXPSGamble

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