He was four times over the limit
A Cape Breton man found asleep and snoring inside a parked vehicle with its engine running in Sudbury produced blood alcohol readings so high they shocked a judge.
“Mr. (Kyle) Leonard: I am kind of gobsmacked to have, on the same day, a case where the reading is a third higher,” Ontario Court Justice Greg Rodgers told the tall, muscular Nova Scotia man. “You were approaching 300 (milligrams of alcohol in 100 millilitres of blood). I can’t say, I have been doing this for 35 years … I don’t think I have had many cases or heard of many cases approaching 300 … We are in rarefied air …
“You could probably give a lecture on how someone is capable of having a high blood-alcohol level without being hospitalized. When you have that much alcohol in your body, in that concentration, whether you have a tolerance or not, you are destroying yourself. The reality is this is going to get worse.”
Leonard, 30, had pleaded guilty to having more than the legal allowable level of alcohol in his system within two hours after consuming alcohol and operating a conveyance (formerly known as blowing over).
Leonard, who had no prior record, was fined $3,500 and also had his driver’s licence suspended for two years.
“We have enough impaired drivers in this city, and it probably could be said of any city, we don’t have to import people from other provinces to add to our problems,” Rodgers said.
The Crown and defence lawyer Terry Waltenbury suggested the penalties.
The same day reference by Rodgers referred to another impaired driving case the judge had dealt with moments earlier that involved Intoxilyzer readings of 215 and 217.
The court heard Greater Sudbury Police checking out a report of a suspicious vehicle on Crescent Park Road in New Sudbury about 8 p.m. March 4 located the vehicle and a man asleep and snoring inside.
Officers woke the driver – Leonard – up. He appeared confused, was unable to find his identification, stumbled out of the car and was unsteady on his feet.
Leonard failed a Roadside breath test and later produced Intoxilyzer readings of 298 and 297 – nearly four times the legal limit of 80 while driving.
Waltenbury said Leonard was working in northwestern Ontario and, on the day in question, spent drinking in local establishments.
“It wasn’t his intention to drive intoxicated,” said the lawyer. “He made a very bad decision in operating a motor vehicle. His readings were quite high.”
Waltenbury added that Leonard, who was once with the Royal Canadian Navy, is looking to re-enlist and take on a position of master seaman.
“He realizes the more-regulated lifestyle is for him,” said the lawyer. “He sees this as a step in the right direction.”
Leonard told Rodgers he was in the Nickel Capital on March 4 for a training course. He said he made a huge mistake.
“My actions were extremely dangerous,” Leonard told the judge. “I am aware of it. It was very irresponsible. Alcoholism runs in my family. I have struggled with this for some time.”
Leonard added he is getting counselling and also working with his family doctor to address his alcohol issues.
“I do my extreme best not to consume any alcohol and sold all my motor vehicles,” he said.