Impaired driver dodges pen time
One of the territory's most prolific drunk drivers is back in jail, and will stay there for at least another year after earning his 11th impaired driving conviction.
One of the territory's most prolific drunk drivers is back in jail, and will stay there for at least another year after earning his 11th impaired driving conviction.
Robert Blanchard, originally of Pelly Crossing, was arrested last Sept. 1 in Whitehorse.
At 2:30 that afternoon, a member of the public had called the RCMP to report a possible impaired driver, after seeing people drinking inside a moving vehicle.
When the police caught up with the uninsured and unregistered vehicle on Fourth Avenue, Blanchard pulled over, climbed out of the driver's seat and started to walk away from the scene.
He ignored repeated requests for him to get back in the vehicle and insisted it wasn't his car.
After some discussion, he admitted he had been drinking, a confession bolstered by several empty cans and bottles in the vehicle. He also failed a breathalyzer test, first at the scene and then back at the RCMP detachment.
At the time of his arrest, Blanchard was under a court order to abstain from consuming or possessing drugs or alcohol, and was prohibited from driving.
As territorial court judge Karen Ruddy noted during Blanchard's sentencing hearing last month, the 46-year-old man has 11 drinking and driving convictions.
The most recent stems from an incident in 2003, when Blanchard took a truck from a Pelly Crossing work yard and, in his travels, struck a girl as he rode her bike along the road.
That offence earned him a curative discharge – house arrest – which was revoked last year because Blanchard failed to abide by the conditions of the discharge; he was sentenced to three months in jail.
After his release, Blanchard contracted tuberculosis and was unable to work.
This, compounded by family troubles, resulted in Blanchard returning to alcohol, and ultimately getting behind the wheel again.
This time, his lawyer did not try to get Blanchard a curative discharge.
Rather, he suggested the judge give Blanchard the maximum sentence which would allow him to stay in the territorial jail – two years less a day.
The Crown asked for a three-year sentence, which would send Blanchard to a federal penitentiary.
As Judge Ruddy noted, three years is a much stiffer penalty than what is normally given for impaired driving, whereas two years less a day is the current maximum.
She sentenced Blanchard to the maximum territorial term and gave him five months' credit for the time he has served since his arrest.
Comments (5)
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AUDREY LEE on Jan 9, 2010 at 3:43 pm
is this not a sign of our non justice system, an honest person stays away from driving with alchol, perhaps if it were the judge it might be different, was any thought given to the person on the bike, that drinker driver shoud have is right foot badly broken ad perhaps his fingers also, then he would have to feel pain when he put his foot down, perhaps on the gas pedal, and broken finges couldnt pick up the booze
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Trevor Martin on Jan 8, 2010 at 4:43 am
Repetitive drunk drivers who violate orders prohibiting them from driving or drinking are a serious public safety hazard. Most folks do not drive impaired. One impaired conviction should bring a significant penalty. Any additional convictions should bring a minimum three month jail time which doubles with each subsequent offence. If such drivers cannot learn from their arrest, conviction and sentence and control their potentially lethal behaviour, then they must be prevented from driving by incarceration. By my calculations, this fellow would have never have had the opportunity to drive again some time ago.
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P on Jan 8, 2010 at 2:47 am
How nice for him to get a slap on the hand. Has 11 drinking and driving convictions. Does he have to hit another person before they throw the book at him? Maybe even kill the person? Love our justice system. GOOD WORK Karen Ruddy! If I ever break the law I hope I get you as a judge! I will get off easy!
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JC on Jan 7, 2010 at 9:57 am
Oh that poor poor man, burdened down with so many personal problems. I wonder if the judge felt as sorry for the poor girl he hit while she was enjoying a ride on her bike. Oh yeah, I forgot, there is no sympathy nor consideration for victims in the Human Rights system. I think its the nations judges that are totally out of touch with reality.
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Disgusted Yukoner on Jan 7, 2010 at 8:59 am
Attempted murder = two years less a day? You can't tell me, at this point in this jerk's criminal history, that this is anything LESS than attempted murder.
I am disgusted! This cretin doesn't deserve to be among polite (and law-abiding) society. Clearly, revoking his license means NOTHING to him as he was behind the wheel again.
Our justice system should be renamed Candyland For Drunks!!! This is not justice.