Serial drunk drivers sentenced to jail time

Steven Lester had four prior convictions for impaired driving offences; Michael O’connell had eight

“The offender does not seem to have learned from the past sentences.” Judge Lois Skanes

Two serial drunk drivers were sentenced in provincial court in St. John’s on the same day this month to significant jail time — one for his ninth impaired driving conviction, the other for his fifth and sixth.

Judge Lois Skanes sentenced 42-year-old Michael O’connell to 10 months in prison and 36-year-old Steven Lester to eight months in prison, saying their previous convictions appear to have not deterred them from driving drunk.

Both men pleaded guilty to their recent offences.

Driving with a blood alcohol concentration above 0.08 comes with a minimum 120-day jail sentence when it’s an offender’s third offence or more and the Crown proceeds summarily, or the least serious option of prosecution, which it did for O’connell and Lester.

The maximum sentence is two years less a day.

O’CONNELL’S CASE

Police pulled O’connell over in September 2021 for having an expired licence plate and studded tires out of season.

The officer noted O’connell had bloodshot eyes and slurred speech and had to hold his car door to stand up. Two breathalyzer tests measured O’connell’s blood alcohol concentration at 0.14 and, at the time, he had two separate driving bans.

He was charged with driving with a blood alcohol level over the legal limit and two counts of driving while prohibited.

EIGHT PRIOR CONVICTIONS

Skanes said O’connell’s criminal record includes eight prior impaired driving-related convictions between 2001 and 2015, when he was sentenced to 322 days in prison for charges that also included hit and run, taking a vehicle without consent, and dangerous driving.

A pre-sentence report indicated O’connell suffers from significant medical issues and has expressed remorse for his actions.

“Although 2015 (included) a more serious set of facts, it is clear that little was learned from the sentence imposed,” the judge said.

“The risk to public safety must be recognized and accounted for as well.”

Along with his jail sentence, O’connell will complete two years of probation and is banned from driving for a decade after his current driving prohibitions run out.

LESTER’S CASE

Lester’s charges — driving with a blood alcohol level above legal limit, refusal to provide a breath sample, three counts of driving while prohibited and two breaches of a court order — relate to several incidents.

Police stopped him on June 7, 2023, when they saw him driving at inconsistent speeds and crossing the centre road line. The officer noted him to have bloodshot eyes and smell strongly of alcohol, and a breathalzyer recorded his blood alcohol concentration at 0.14.

Police stopped him again Aug. 16, noting he had glossy eyes and a strong smell of alcohol. He initially refused to provide a breath sample but eventually did take the breathalzyer, although he was charged with refusal for deliberately blowing into it improperly so a sample couldn’t be recorded.

On Nov. 20, a police officer familiar with Lester’s driving ban saw him get into the driver’s seat of a vehicle. He was noted to have bloodshot eyes, but he passed the breathalyzer.

FOUR PRIORS

Skanes said Lester’s criminal record includes four prior impaired driving offences between 2006 and March 2023. He received fines for the first two and 30-day house arrest sentences for each of the others.

A pre-sentence report described Lester’s mental-health and addiction issues and indicated he is currently being treated with suboxone and is engaged with Alcoholics Anonymous.

He accepted responsibility for his crimes, but commented he felt he was being harassed by police, the report stated.

“I find that a step up is required,” Skanes said. “The offender does not seem to have learned from the past sentences. … Indeed, even the driving prohibitions have not compelled the offender to refrain from driving, which he is prohibited from, whether impaired or not.”

HMP EXTRA CREDIT

Skanes granted Lester’s application for extra credit due to the unusually harsh conditions he endured while on remand at Her Majesty’s Penitentiary, including rat and mouse infestations, a broken toilet in his cell, sporadic access to visits and video calls with family members, and limited recreation.

“Further, he had not been permitted to attend any AA meetings at HMP since being incarcerated, despite substance abuse issues, which have directly contributed to his criminal behaviour, likely delaying any efforts at rehabilitation,” the judge said, granting Lester 1.8 days credit for every day he spent on remand.

He has 40 days left to serve, after which he will be on probation for two years and have a three-year driving prohibition.