Judge rejects recommended sentence for impaired driver

TRURO, N.S. – “Sober drivers run over people too.”

That “reprehensible” attitude combined with a horrific driving record that includes six previous impaired driving convictions pushed a judge’s patience to the limits during a hearing in provincial court Thursday.

“He’s got a horrific driving record accompanied by a troubling and indifferent attitude towards drinking and driving,” Truro Judge Al Bégin said, during a sentencing hearing for Steven Gordon Miller. Bégin made the rare move of unequivocally rejecting a joint sentencing recommendation put forth by Crown and defence attorneys.

Miller, 47, of Five Mile River, pleaded guilty last November to a charge of refusing the breathalyzer in March 2019.

Crown attorney Laura Barrett and defence lawyer Nick Hoehne had put forward a joint recommendation of nine months in jail to be followed by 18 months probation.

But Bégin, obviously agitated by the recommendation because of Miller’s past record of drinking and driving, dangerous driving and other related convictions, along with a cavalier attitude about his habits, flatly refused to buy in.

“Nine months is completely unacceptable as a joint recommendation for someone who does not take this seriously,” Bégin said. “This man should be looking at about two years in jail with this attitude and this driving record…

“He doesn’t care, has no interest in getting better. I am not for one second accepting this as a joint recommendation that’s either fair, appropriate or reasonable. It doesn’t meet any of those criteria.”

Miller’s statement about “sober drivers running over people too,” was included in his presentence report.

His record includes two convictions in 1994, one for failing the breathalyzer and the other for refusing, impaired driving in 1996 and 1998 and one each in 1997 and 1998 for refusal.

He has also been convicted of other driving offences including in 2010. His last jail sentence was for six months and Bégin said Miller has reached the point where far more time is warranted.

Information from the presentence report stated Miller is an acknowledged alcoholic who has reached the point where he will consume vanilla and mouthwash to feed his addiction as well as using marijuana almost daily along with the occasional use of cocaine.

“There is an overarching need to protect society from him. Overarching. He doesn’t care. He clearly doesn’t care,” Bégin said. “He doesn’t want to quit drinking, his attitude is if ‘I want to do it, I will do it’. He doesn’t want to do it so we’ll help him do it. Plain and simple. You are going to kill someone sir and you don’t care.

“Strong, specific deterrence is required for Mr. Miller. The message hasn’t gotten through to him yet but it will.”

In tossing out the joint recommendation, Bégin offered Miller the option of withdrawing his guilty plea and going to trial in front of another judge or having another, more fitting recommendation put before the court.

His lawyer requested more time to study further case law on the issue.

The matter will return to court on March 26.