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Impaired driver who hit telephone pole gets fine, one-year licence ban

30-year-old electrician, who apologized for his actions, ordered to pay $1,950; judge called him 'a productive member of society' who took 'it upon himself to pay for the damages'
sault ste marie courthouse
The Sault Ste. Marie Courthouse is pictured in this file photo. David Helwig/SooToday

Mitchel Nisbet was behind the wheel of a friend's pickup when he lost control of the vehicle and struck a telephone pole on Queen Street East.

It was 1:15 a.m. on Oct. 8 when the collision, which caused significant damage to both the black Ram and the pole, occurred near Churchill Boulevard.

The vehicle's air bags deployed, and when city police officers arrived there were two people standing outside the vehicle.

They noted an alcohol beverage can and the odour of liquor on the driver's breath, prosecutor Trent Wilson told the court Tuesday.

Nisbet, 30, pleaded guilty to over 80.

Breath samples he provided to police recorded readings of 140 and 130 milligrams of alcohol in 100 millilitres of blood, Ontario Court Justice Romuald Kwolek heard.

The Crown and defence jointly called for a $1,500 fine and a 12-month driving prohibition.

Nisbet was co-operative, has no prior record and these are relatively early pleas — "all in his favour," Wilson said.

He cited the collision, the large amount of damage and the accused's failure to maintain control of the vehicle as problematic.

"The readings are not that aggravating, but not as low as you can go." 

Defence lawyer Ken Walker said his client "has taken it upon himself to pay for the damage he caused."

Calling "it a hard lesson to learn," he said Nisbet had a couple of drinks over a couple of hours and thought he was fine to drive, but then "it hit him."

Nisbet apologized for his actions.

"You were involved in an accident. Luckily no one was seriously injured," Kwolek admonished him. 

Noting the electrician "is a productive member of society" and is paying for the damage, the judge agreed to the sentence recommended by the lawyers.

In addition to the $1,500 fine, Kwolek also imposed a $450 victim surcharge.

He gave Nisbet 90 days to pay the monetary penalties and prohibited him from driving for a year.



About the Author: Linda Richardson

Linda Richardson is a freelance journalist who has been covering Sault Ste. Marie's courts and other local news for more than 45 years.
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