An impaired driver who struck a tree after driving across two lanes of traffic at a city intersection will spend 60 days under house arrest.
Lisa Nichols pleaded guilty to the drinking and driving offence Tuesday in a Sault Ste. Marie courtroom.
Ontario Court Justice John Condon heard city police officers were called to the intersection of Pine and Wellington streets, following the collision on Aug. 7 of last year.
Witnesses believed the driver, who was slumped over the steering wheel, was intoxicated, assistant Crown attorney Adrianna Mucciarelli said.
Nichols fell while getting out of the vehicle, was unsteady on her feet, and there was a strong odour of alcohol on her breath.
The accused told the officers she wasn't the driver and didn't know where she was going, the prosecutor said.
When Nichols was taken to the station, she didn't provide any breath samples.
Defence lawyer Don Orazietti said there is some evidence that his client has a breathing problem.
The refusal related to her inability to provide a sample, and that is why the Crown isn't proceeding with a charge of failing to comply with a breath demand, he told the court.
For most people in this society, a driver’s licence is essential, he told Condon.
His client is employed, lives alone, has no one to drive her to work, and "that's my real concern."
A court-ordered Gladue report shows Nichols "didn't grow up with a silver spoon" and hasn't had an easy time, including the loss of a daughter, Orazietti said.
He described his client as a 55-year-old woman who has made the best of her situation.
The Crown and defence jointly recommended a two-month custodial sentence, which will be served in the community.
The lawyers differed on how long Nichols should be banned from getting behind the wheel.
Mucciarelli called for a two-year driving prohibition while Orazietti asked the judge to consider something less than that.
The prosecutor cited the aggravating factors: the accused was impaired, crossed the centre line, cut off another driver and hit a tree.
While the guilty plea is mitigating, a driving prohibition is mandatory.
Nichols has a history of driving while impaired, Mucciarelli said, suggesting two years is reasonable under the circumstances.
The Crown isn't filing a record with the court, but is simply noting it, she said.
"I am very ashamed about what happened," Nichols told Condon. "I haven't drank since I was discharged."
She has taken counselling, is doing "my best to get to work everyday" and spends a lot of time with her grandchild and daughter.
It is clear from the pre-sentence and Gladue reports that Nichols has suffered tragedies in her life, including the death of one of her children, the judge said.
This is "not the first go-around for you," he told Nichols, and the "loss of driving privileges is significant."
There is merit in each of the lawyers' positions, "particularly with the Gladue factors and personal circumstances."
Noting the last incident occurred 13 years ago, Condon imposed an 18-month driving ban.
During her conditional sentence, Nichols can only be out of her residence for medical emergencies, employment and going directly to and from work.
As well, she is permitted to leave home on Saturday afternoons to obtain the necessities of life.
"This is jail served in the community" so no drugs or alcohol, Condon warned.
Nichols must take any recommended assessments and counselling programs for psychiatric, psychological, bereavement and grief issues.