The rehabilitative steps Justin Lewis has taken on his path to sobriety are extensive and impressive, a judge said Friday.
He has been sober since he was involved in a collision more than two years ago, has taken full responsibility for his actions, and is remorseful and insightful.
The 42-year-old man "realizes this is a lifelong journey and there is a long road ahead," Ontario Court Justice Melanie Dunn said.
Lewis was in court to be sentenced for drinking and driving offences stemming from a March 6, 2021 collision at a busy Sault Ste. Marie intersection.
He ran a red light so fast at 4:40 p.m. that he collided with another vehicle at Black Road and McNabb Street.
Officers noted a strong odour of alcohol and there was a near empty liquor bottle in the vehicle.
The accused refused to give police a sample of his breath and was arrested.
Lewis was charged with five counts of driving while prohibited and one count of failing to comply with a breath demand.
In January of last year, the Sault man pleaded guilty to the breath refusal offence and a single charge of being behind the wheel while prohibited.
The other four charges were withdrawn at a later time.
At a sentencing hearing last month, the Crown called for six months jail, while the defence argued for a four-month sentence.
Both lawyers recommended a 10-year driving prohibition.
Lewis has a lengthy criminal record dating back to 2000, with his last conviction in 2017.
It includes eight convictions for driving while disqualified, three for impaired driving, and one for dangerous driving, assistant Crown attorney Marie-Eve Talbot said.
"His record is horrible."
The accused's driving that day was bad, risky and involved a collision, she told the court, adding we're "very lucky nobody died."
At the time, Lewis was breaching several prohibition orders and didn't co-operate with police, Talbot said.
The minimum sentence of four months is not appropriate, she suggested.
Defence lawyer Sarah Tucci noted her client's last conviction was six years ago.
Lewis, a member of Wiikwemkoong Unceded Territory, has remained sober since his arrest, has been participating in traditional healing and is working with an elder, she said.
"He has made significant changes and has connected with his community," Tucci said.
Lewis told the judge that for the "majority of my life (up until 2017) I was in and out of custody."
He said he started to change and "did a 180," but then "had a hiccup."
As a result of a tragic family incident in November 2020, he started drinking again.
"I fell off the path I was on,“ he said.
When she imposed the four-month jail sentence, Dunn called his criminal and driving records, with their multiple entries, aggravating.
Lewis had started on the path to sobriety, but had a relapse three years ago, she noted.
A pre-sentence report indicated he "took full responsibility for his actions."
He is "very remorseful," has taken active steps and "it is impressive what he is doing to help others."
With Lewis' driving record, deterrence and denunciation are important, but the court also must take note of the Gladue factors when sentencing him, the judge said.
His "unique background must be considered."
He experienced intergenerational trauma, and began drinking while in Grade 9, which led to substance abuse, Dunn said.
Lewis has taken extensive, impressive rehabilitation steps, including Indigenous spiritual healing, Dunn said.
The judge also banned him from getting behind the wheel for 10 years.