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Tom Rees | Criminal Defence Lawyer Winnipeg

First Time Offender Sentenced for Driving Death


A Manitoba man plead guilty to dangerous driving causing death and driving with blood alcohol over 0.08 causing death.

The man did not see stopped cars ahead because was texting while driving and ultimately collided with an oncoming vehicle, killing the driver. A paramedic at the accident scene detected liquor on the accused’s breath. The accused’s blood alcohol concentration was recorded between 100 and 120 milligrams per 100 millilitres of blood when the collision occurred.

The crown was seeking four years and his Winnipeg criminal lawyer argued for two years of custody.

The Court discussed the sentence range:

[14]     In R. v. Ruizfuentes, 2010 MBCA 90 (CanLII), 262 C.C.C. (3d) 540, our Court of Appeal established a sentence range for first time offenders who commit the offence of impaired driving causing death from two to five years’ imprisonment.

The Court also talked about factors to be considered when sentencing youthful first-time offenders on paragraphs 19 and 20.

The man was sentenced to 26 months of custody for each offence, to be served concurrently. He was also prohibited from driving for 18 months.



* note: the information on this page is not legal advice

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