Trouble-free years help driver avoid long sentence

While the prosecution sought five years in prison for a serial criminal driver, the request failed to gain traction in a Regina courtroom.

Judge Bruce Henning sentenced Aaron Myles Hotomanie to a total of two years less a day in jail. With credit of 125 days for time served, about 20 months remain.

He also imposed two years’ probation and prohibited the chronic disqualified driver from driving for three years.

In imposing less time than the prosecution sought on Wednesday, Henning cited significant gaps in Hotomanie’s lengthy criminal record coupled with Gladue factors — systemic factors relevant to aboriginal offenders, including colonialism, residential schools, racism and poverty.

“It does not amount to a get out of jail free card where the offender has put the public at risk significantly or has committed violence. But it is a factor to be considered,” Henning added.

The Crown’s argument for a sizable prison term was driven by Hotomanie’s record of 103 convictions, including 25 for disqualified driving, 12 for drunk driving, three for leaving the scene of an accident, and two for refusing a breathalyzer test.

Hotomanie pleaded guilty earlier this month to impaired driving, refusing a breathalyzer test, disqualified driving and failing to appear in court.

On Jan. 29, 2012, he was found passed out at the wheel of his running car, which was stuck in a snowbank. A half-full, open case of beer and a child were in the front seat, Crown prosecutor David Zeggelaar told court during sentencing submissions. Four days later, Hotomanie was a disqualified driver when his van collided with a truck. He refused a breathalyzer test. An empty rum bottle was on the floor of his vehicle.

Henning said a gap of about 10 years in the record between Hotomanie’s last and most recent driving offences, plus the four convictionfree years since then persuaded him a lesser term was needed.

He called the circumstances of the offences “egregious,” but that they fortunately didn’t result in serious harm. “It is simply luck,” the judge said, “but it is indeed a factor that goes in the defence’s favour.”