Enilda man sentenced for four-year-old guilty plea
September 2, 2021
Judge A. Chrenek
Jamie Albert Lavis, from Enilda, was sentenced for driving with a blood alcohol level over 0.08.
The crime happened on July 6, 2016 in Kinuso. He pleaded guilty sometime in 2017. The sentencing took portions of two days – August 25 and September 1, 2021.
In total, the crime was before the court 31 times.
Sentencing took “a long meandering path,” said Judge Chrenek.
Over the four years, Lavis had two lawyers who tried to help him apply for a curative discharge. On Aug. 25 and Sept. 1, Lavis didn’t have a lawyer, so was helped by the duty council. He was in custody in Peace River Correctional Centre.
On July 6, 2016, two Lakeshore Regional Police Service officers were outside Korner Kitchen in Kinuso, said the Crown prosecutor. They were approached by two women, who reported someone speeding and driving dangerously near the school. A moment later, the vehicle sped past. It almost ended up on the sidewalk when it turned left. There were two men in the vehicle.
The officers saw the vehicle park, said the Crown. The driver was unsteady on his feet. The officers approached the vehicle. They identified Lavis as the driver. In total, they noted the following signs of intoxication – excessive speed, poor driving, unsteady on his feet, staggering when he walked, slurred words, the odour of alcohol, bloodshot eyes, and swaying while standing still. The officer arrested Lavis.
At the police station, Lavis blew a blood alcohol level of 0.220 and 0.210, said the Crown.
This is two and three-quarters of the legal limit.
Lavis’ criminal record was admitted as evidence. He had three prior drunk driving convictions and two refusals to provide a sample.
The Crown sought 150 days in jail and a five-year driving prohibition.
The duty council asked the judge to consider a curative discharge.
“He’s taken steps to deal with his alcohol problem,” he said. “He has not been drinking since he finished the rehab in Bonnyville.” The rehab was 28 days.
A curative discharge requires a doctor’s letter with specific information, said the Crown. This has not been presented.
“This matter, as you know, has been going on for a long time, but he hasn’t been in custody for most of it,” the Crown told Judge Chrenek, on August 25.
This is where the first part of the sentencing broke down. Lavis interrupted the Crown, defence, and Judge to disagree with the amount of custody credit he should receive. To get information from the sentence coordinator, the matter was adjourned until September 1.
On September 1, the Crown reported that the sentence coordinator was too busy to help. The wording of one time in custody was confusing, but the final calculation of presentence custody of 36 days. With enhanced credit of 1.5 days, this equaled 54 days credit.
“That’s what we have,” said the Crown. There’s “no access to any other information.”
Once again, Lavis kept interrupting the process, but it was able to continue.
“It’s unfortunate that Mr. Lavis has not provided info to the court for a curative discharge,” said Judge Chrenek.
“I have submitted that certificate,” said Lavis. “That I completed a 28-day rehabilitation in Bonnyville.” He’s been sober for three years, Lavis added.
“The Crown has never received any” documents which could be used toward a curative discharge, said the Crown.
Once again, the Crown sought 180 days and a five-year driving prohibition.
“It appears he has done something to do with his substance abuse problems,” said the duty council. Also, he’d like to be able to apply for Interlock as soon as possible.
“I’ve never hurt anybody,” said Lavis. “There’s a lot of people out there who are a lot worse than I am.”
Judge Chrenek took into consideration the following mitigating circumstances – the early guilty plea, Lavis’ steps toward being sober, and that it is an old crime. The minimum sentence without a curative discharge is 120 days and a three-year driving prohibition, she told Lavis.
Lavis was sentenced to 120 days in jail and prohibited from driving for three-years. He is eligible to apply for Interlock immediately. He had credit for 54 days, so 66 days left to serve.
“No way to ask for weekends?” Lavis asked.
No, Judge Chrenek replied.
Zane Camille Rawson pleaded guilty to a traffic ticket for driving without insurance. The Crown withdrew two other tickets.
Rawson received the mandatory fine of $3,000 (including victim fine surcharge). If it is unpaid, there’s 45 days in jail default time. He received time to pay until March 2, 2022.