Skip to content

Local man slapped with lifetime driving ban — again

31-year-old with 'horrendous' driving record was caught drunk behind the wheel; 'I'm sorry for what I did. I had no intention to hurt anyone at anytime. I'm a loving person'
220721saultcourthouseMP
The Sault Ste. Marie Courthouse.

Kyle Fleury notched up his "horrendous" driving record Thursday when he pleaded guilty to offences that occurred in a downtown parking lot two years ago.

The 31-year-old admitted he was behind the wheel of a Jeep on Aug. 8, 2021 that was involved in incidents that occurred behind two bars on Queen Street East.

He was convicted of over 80, dangerous operation and driving while prohibited, as well as two counts of missing court dates.

Ontario Court Justice Dana Peterson heard city police were contacted at 2:09 a.m. about a possible impaired driver in the rear parking lot of an East Street building.

A black Wrangler Jeep had struck a CTV vehicle, and then a security guard from nearby Top Hat Billiards.

At one point, after accelerating, Fleury backed up towards several patrons standing behind Smokeys, forcing them to move out of the way, prosecutor David Didiodato said.

No one was injured in either incident.

In addition to the information the cops received from two security guards and other witnesses, they also obtained video from a surveillance camera located at one of the nearby businesses.

Police stopped the jeep about 10 minutes later on Wellington Street West.

When an officer spoke to the driver about the hit and run, he detected a strong odour of alcohol, the assistant Crown attorney said.

"Talking fast and constantly," and swaying when he got out of the jeep, Fleury denied hitting the vehicle, and insisted his last drink had been months ago.

He had no insurance documents and was on multiple driving prohibitions, the court heard.

Fleury was arrested for impaired driving.

His breath samples recorded readings of 120 and 126 milligrams of alcohol in 100 millilitres of blood.

At the time, he was banned from getting behind the wheel for life.

Diidiodato called for a 16-month jail term, less credit for pre-sentence custody, plus three years probation, and a further life-time driving prohibition.

Fleury's driving was "atrocious" and "extremely bad and dangerous."

His actions were negligent, deliberate and many people could have been seriously injured, Didiodato said. 

Fleury's criminal record, like his driving, is "horrendous," the Crown told Peterson.

He has two prior convictions for dangerous driving, two for drinking and driving offences, and two for operating  a vehicle while prohibited.

As well, he has served significant jail sentences, and accumulated many convictions for other criminal offences.

His Ministry of Transportation record contains additional bad driving offences, Didiodato said, noting Fleury's "long history of poor driving."

Defence lawyer Ken Walker said his client had been involved in a confrontation over a woman with two other men at the bar and was trying to remove himself from the situation. 

With the enhanced credit for his pre-trial custody, Fleury has been in jail for just over nine months, he said, calling for a sentence of time served.

"I think this is overly exaggerated and nine months is sufficient."

He suggested if the court feels more custody is required, further time, which would be served in the community as a conditional sentence, could be imposed.

Fleury has worked at various jobs, and wants to take a metal fabricating course in Barrie that begins in January, Walker said.

"'He thinks he can achieve that and it would put him on the road to prosperity." 

The father of three has been taking programs while in jail..

"He has a problem. It's not that he drinks every day," Walker told the court. “But when he does it can get to excess."

When asked if he had anything he wanted to say, Fleury responded: "I'm sorry for what I did. I had no intention to hurt anyone at anytime. I'm a loving person."

He told Peterson: "I don't think I'll ever drive again in my life," adding "I'd rather get someone to drive me". 

The judge said no to his request for a house arrest sentence, indicating "I have no confidence he could abide" by it.

At the time of the offences, he was on three orders not to drive, Peterson noted. 

"His driving was patently dangerous" and occurred "after 2 a.m. behind two bars in a parking lot full of people."

His pleas have saved court time and he has taken steps while in custody to deal with his issues, but they are tempered because the charges were outstanding for 13 months, she said. 

Peterson imposed a 15-month jail term, and with the enhanced credit for his pre-sentence custody Fleury faces a further six months behind bars.

Calling a three-year probation too long, she placed him on probation for 12 months. 

During that time he must take counselling for substance abuse and a parenting course.

The judge also added another life-time driving ban to his record.



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.
Read more