Guilty of impaired driving and dangerous driving causing injury for an ATV swerve that ejected his passenger, a Quebec man was sentenced to six months in prison on Thursday.
In addition to his responsibility for the accident, Nicolas Lessard had fled the scene on the evening of August 28, 2020, leaving his unconscious passenger behind.
It was on the advice of his wife that the now 28-year-old man decided to surrender to the police within minutes of the accident.
Judge Christian Boulet took all of these factors into consideration when handing down his six-month sentence on Thursday. The defense was asking for an intermittent 90-day sentence in addition to community service.
“An intermittent sentence would not be proportional to the seriousness of the offence,” said Judge Boulet, especially since Lessard was on a second impaired driving offence.
“The role of the accused is central”, insisted the magistrate, stressing that it was he alone who had made the decision “to intoxicate himself and take his vehicle”.
Hit and run
The accident occurred while Nicolas Lessard was riding an ATV while impaired by alcohol and cannabis. He had met the victim, who was an acquaintance, by chance, the latter asking him “to take a walk”.
The passenger testified that he quickly asked the driver to slow down and even stop, but the latter did not hear him according to his claims. What followed was a violent swerve at nearly 80 km/h as Lessard attempted a controlled skid. The maneuver instead ended in an impact with a car, the victim being ejected and finding himself trapped under the car.
Rather than stop, Nicolas Lessard fled the scene.
“His hit and run without any concern for his passenger increases his criminal liability,” noted Judge Boulet.
The victim, who lost consciousness after the accident, suffered a head trauma “which confined him to his home for four months” recalled the judge. His school year was compromised, as was his job at the time. “The consequences are many.”
Two years without driving
In addition to his six-month prison sentence, Nicolas Lessard will be subject to a two-year driving ban after the end of his sentence.
Christian Boulet emphasized in his decision the recovery of the accused, who has not consumed alcohol since the accident and who expressed sincere remorse in addition to quickly entering a guilty plea.
The crown, which was represented by Me Christian Gauthier, was asking for a prison sentence of up to 15 months.