Driver who injured man in crash, then fled, jailed 45 days

KITCHENER — A Kitchener motorist who fled the scene of a crash that broke a man’s wrist has been sent to jail for 45 days on weekends.

Daniel Lopez, 25, pleaded guilty to dangerous driving causing bodily harm in the July 10, 2016, crash.

Just after midnight, Lopez failed to stop at a stop sign on Madison Avenue and hit a car driving on King Street East.

The impact caused the other driver to lose control. His car went over a curb and struck a concrete light pole, breaking it. The victim’s car was badly damaged.

“This is not simply a case of someone blowing a stop sign,” Justice Gary Hearn said on Thursday. “This is someone who blew a stop sign and caused significant damage to another vehicle, a vehicle that was damaged in such a way that it should have been readily apparent that the driver of that vehicle could be in jeopardy, could be in a situation where his physical well-being was at stake.”

Lopez fled on foot but was later tracked down by police.

Inside Lopez’s car was a bag of marijuana. Lopez said he did not smoke pot before the crash. Friends in Lopez’s car said neither drugs nor alcohol played a role in the crash.

The victim suffered a broken wrist and was unable to work after the crash.

Defence lawyer David Woodbeck called it a difficult sentencing. Lopez committed a serious crime but it was completely out of character, he said. Lopez works full-time and has no prior record.

Woodbeck suggested an appropriate sentence would be community service, probation and restitution for the busted light pole.

Crown prosecutor Aaron McMaster sought 60 to 90 days in jail, saying denunciation and general deterrence are paramount. He said he would not oppose the sentence being served on weekends.

The judge ruled a jail sentence was needed to send a message to others that there will be significant consequences for such behaviour. Lopez got a one-year driving ban and was ordered to make $13,000 restitution to Kitchener Wilmot Hydro.