Ruminations

Blog dedicated primarily to randomly selected news items; comments reflecting personal perceptions

Monday, February 20, 2012

Impaired Driving Causing Death

Charges become dramatically altered when, under the influence of alcohol, a driver strikes a person, and that person dies. Not necessarily at the scene of the impact, but after undergoing emergency medical treatment while in morbidly critical condition as a result of traumatic injuries, and eventually succumbing to those injuries, to meet an untimely death.

That was most certainly the case for 31-year-old Nathan Anderson while riding his bicycle on the afternoon of February 2 on Carling Avenue in Ottawa. He was wearing a helmet, but that did little to save his life. The driver of a Toyota Matrix was travelling between 60 and 70 kilometres per hour on impact. And certainly not in control of his vehicle.

Mr. Anderson didn't stand a chance. He just happened by the gravest of misfortune to be in the path of a sociopath sitting behind the wheel of what had become an instrument of death.

That was a collision sufficient to throw Mr. Anderson three metres from where he was hit. And there certainly were witnesses to the collision. Those observing the collision also saw 44-year-old Glen Carkner drive away from the scene of the accident. And, as it happened, it was the police who witnessed what had occurred.

The investigator assigned to this case of vehicular homicide stated the obvious: "The charges are going to be increased to meet the facts." After Mr. Carkner, starkly inebriated, had been apprehended by police; he was subsequently released on a $32,000 bond, ordered to abstain from alcohol and drugs, and forbidden from driving.

He is accused of failing or refusing to submit to a drug evaluation test, but that is now the least of his problems. He had been ordered to attend a 30-day addictions counselling program at a Merrickville treatment centre. An 11 p.m.-to-6.a.m. curfew was imposed on this upstanding citizen who had earned a previous assault conviction.

He will now face a charge of criminal negligence causing death. He is additionally charged with impaired driving causing death, two counts each of failing to remain at the scene of a collision, and assaulting a police officer. His wife, along with his 24-year-old son were named as his sureties after he agreed to abide by his release conditions.

The facts are fairly straightforward; employees at an Liquor Control Board of Ontario outlet were alerted to the sight of a man staggering toward the store, walking into objects as he progressed. The LCBO staff refused to sell this obviously inebriated man alcohol, and called police when they observed him entering a car.

As it happened, they also saw this man smash his car into a number of other parked vehicles as he was driving away from the parking lot. After which it was the police, alerted and pursuing the drunken driver who witnessed the collision that led to the death of an innocent cyclist who believed that wearing a helmet might save his life.

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