‘I went off the rails’
Prominent St. John’s lawyer Jeff Brace jailed for third drunk-driving conviction
In his 20 years as a lawyer, Jeff Brace has stood in a courtroom countless times and formulated a defence for alleged offenders.
On Wednesday, as he faced his own punishment, he had none.
“I’d like to apologize for my stupidity,” the 56-year-old said during his sentencing hearing at provincial court in St. John’s.
Brace — who was so drunk one morning last fall that he tipped over his motorcycle while stopped at a busy intersection — was given a 75-day jail term at provincial court in St. John’s. Once his sentence is served, he is prohibited from driving for three years and will be on probation for a year with conditions that include he continue counselling.
Brace seemed heartfelt, and sometimes emotional, when he stood to address Judge Mark Pike, and he was calm as he was led out of the courtroom in handcuffs.
Brace had entered a guilty plea last fall to failing the breathalyzer. A charge of impaired driving was withdrawn by the Crown, given the guilty plea.
Brace was arrested on the morning of Sept. 5, 2016, after coming off the Team Gushue Highway on his motorcycle and stopping at a stop sign next to Tim Hortons on Kenmount Road. An RNC patrol officer stopped and approached Brace when he saw that the motorcycle had tipped over.
The officer noticed signs of impairment — a faint smell of alcohol and unsteady movements. When Brace was given the breathalyzer at the police station, he registered high readings — 220 ml and 230 ml per 100 ml of blood, which is more than twice the legal limit.
“I’d like to apologize for my stupidity,” Brace said to the judge. “It was careless, reckless. It was a danger to people. I know that…
“I know my readings were high and … this was early morning. Quite frankly, I wasn’t drinking in the morning. I hadn’t stopped from the night before. I made a decision (to drive) in a stupor.”
It’s Brace’s third impairedrelated driving conviction, but his first jail sentence. He was charged with impaired driving offences in 2011 after he crashed his motorcycle in downtown St. John’s, receiving injuries as a result. He pleaded guilty to one count of failing the breathalyzer when the case was settled about a year later. The Crown withdrew the impaired driving charge. Brace was given a $1,200 fine and was banned from driving for a year.
In 1997, he was fined $600 and lost his licence for a year after an impaired driving-related incident. In his address to the court on Wednesday, Brace made no excuses for his behaviour, but attempted to explain what led to his recent downfall.
He said he knew he had a drinking problem, but thought he had it under control, as he had abstained from alcohol for several years.
“I wouldn’t let my wife put cooking wine in a recipe,” he said. “I thought I had it licked.”
Even after “a particularly horrific trial,” in which Brace represented accused murderer Lyndon Butler, who Brace helped get acquitted three years ago, he managed to stay away from drinking, he said.
Shortly after, there was an incident involving his youngest daughter that prompted him to turn to the bottle again, he said.
“It was terrifying,” said Brace, who didn’t want to discuss details, but said the incident was so serious, he feared for his daughter’s safety. “I didn’t respond very well to it.”
He said he thought he would be fine to have a few drinks.
“The crisis took a more significant toll ... I went off the rails,” said Brace, who added he didn’t consent to having the personal information publicly revealed in his pre-sentence report in order to protect his family from embarrassment and quash any idea that he was making excuses.
“But nobody was responsible for this but me. … This isn’t my family’s fault. … This is my fault.
“Of course I knew it was wrong. And I get it — I get it when people say, ‘Jeff, you of all people should know the difference.’ I get it.
“I’m not going to talk about the impact on my career. I’m going to lose my licence for a year. Judge (Joseph) Woodrow used to say, ‘You should’ve thought about that before.’ And I should have.”
Brace said this latest incident made him realize he had to do something about his drinking problem.
“I’m not looking for pity because I don’t deserve it, quite frankly,” he said.
“It was hard for me to grapple. I’m going from losing my licence for a year to what I consider a significant time in jail and I’m prepared to take it.”
The sentence was a joint recommendation from Crown prosecutor Adam Sparkes and defence lawyer Bob Simmonds.
Sparkes said it was important to treat Brace’s case the same as other offenders in the same circumstances.
Simmonds said Brace has been taking the appropriate steps to deal with his issues and continues to see a counsellor.
“He’ll be dealing with this for a very, very long time,” Simmonds said. “The court is not treating this lightly.
“And I truly believe you will not see him back (for breaking the law) again.”
In endorsing the joint submission, Pike pointed out that drunk driving causes a significant “danger to property and death across our country.”