Circumstances for sentence for impaired driver ‘a little unusual,’ says P.E.I. judge
CHARLOTTETOWN, P.E.I. — A P.E.I. man with a medical situation that makes on a regular basis sounds loud and ends in ache has averted jail time for drunk driving.
On Sept. 15, Owen Daniel MacDonald, 23, appeared in provincial court docket in Charlottetown and pleaded responsible to the impaired driving cost.
MacDonald revealed in court docket the medical situation — hyperacusis — when he was requested by Chief Choose Jeff Lantz why he was carrying massive headphones. MacDonald defined that the listening to dysfunction makes the sound of on a regular basis noises unbearably loud and painful to understand. The ache can typically final for days, he mentioned.
The offence occurred on Sunday, Aug. 28. Charlottetown police obtained a criticism that the accused, MacDonald, was drunk driving, and at round 10:14 p.m., the car was noticed driving on North River Street with out its headlights turned on. Police additionally noticed the car slowing down, dashing up and swerving over the highway’s centre line. MacDonald was pulled over on the North River Street and Belvedere Avenue intersection. MacDonald failed a roadside alcohol screening demand and was arrested. On the Charlottetown police station, he supplied two breathalyzer samples of 140 milligrams (mg) and 130 mg of alcohol in 100 millilitres of blood. The authorized restrict is 80 mg.
What’s hyperacusis?
- Hyperacusis is a well being situation characterised by an over-sensitivity to sure sounds. An individual with extreme hyperacusis has problem tolerating on a regular basis sounds, a few of which can appear unpleasantly loud to that particular person however to not different individuals. Though all sounds could also be perceived as too loud, high-frequency (pitch) sounds could also be significantly troublesome.
Supply: Speech-Language and Audiology Canada
Owen MacDonald didn’t have a previous felony file, mentioned Crown legal professional Jeff MacDonald.
Talking to the choose, Owen MacDonald requested a sentence that did not contain jail out of concern for his situation and the way he could be affected by loud noises on the Provincial Correctional Centre.
“A bit of uncommon,” mentioned Lantz, who mentioned MacDonald would doubtless spend solely in the future in jail for the offence. Even so, Lantz adjourned the matter for 3 weeks to offer Owen MacDonald time to get a observe from his physician confirming the medical situation. MacDonald mentioned he’s at present unable to work as a result of his listening to situation. By way of the prognosis, MacDonald mentioned at this level surgical procedure shouldn’t be an choice and the hope is inside the subsequent couple of years the situation will enhance.
On Oct. 6, Owen MacDonald returned to court docket with a observe from his physician about his medical situation.
Jeff MacDonald appeared on the physician’s observe and raised considerations that on the day of the offence, Owen MacDonald’s situation did not stop him from buying alcohol and working a motorized vehicle.
The Crown mentioned he needed to talk with the physician for extra data. He defined that the argument did not make sense and it did not seem to fulfill the medical requirement to exempt the accused from a sentence that concerned custody.
Lantz mentioned he did not wish to lengthen the matter additional and gave the accused “the advantage of the doubt.”
Relatively than jail, Lantz sentenced Owen MacDonald to a better high quality of $2,000, a $600 sufferer surcharge and a one-year driving ban. MacDonald has 18 months to pay the high quality and surcharge.
Terrence McEachern is a justice reporter with the SaltWire Community in Prince Edward Island. He might be reached by e mail at [email protected] and might be adopted on Twitter @terry_mcn.
