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Impaired driver who fled crash, hit pole 'grateful' nobody hurt

52-year-old fined $2K, banned from driving for one year after pleading guilty to two charges in connection with June incident that she described as a 'blessing for me'
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The Sault Ste. Marie Courthouse is pictured in this file photo.

After a decade of sobriety, COVID-19 dragged Heather Dukes back into addiction, a judge heard last week.

"Within seven months I was back in" and "I spiralled," the 52-year-old woman told Ontario Court Justice John Condon after she pleaded guilty to two charges stemming from a June incident.

Dukes was convicted of operating a vehicle with a blood-alcohol level exceeding 80 milligrams of alcohol in a 100 milliliters of blood and failing to remain at the scene of an accident.

City police responded to a call about a two-vehicle collision that occurred at the intersection of Bruce Street and Alberta Avenue around 9 a.m. on June 20.

When officers arrived one of the vehicles had left the scene, assistant Crown attorney Adrianna Mucciarelli told the court.

The driver drove on to Salisbury Avenue, where she struck a pole.

Dukes then walked back to where the cops were and told them she was the other driver involved in the collision.

They noted the odour of alcohol on her breath, the prosecutor said.

She was transported to the station where two breath samples registered readings of 172 and 159 milligrams of alcohol in 100 millilitres of blood.

The minimum fine for an over 80 offence with such readings is $2,000, Mucciarelli said, asking the judge to impose an elevated penalty of $2,500, plus a 12-month driving prohibition.

Dukes was involved in two collisions. She drove through a stop sign striking another vehicle, continued on her way and hit the pole.

"She's lucky she didn't injure herself or the other driver."

The high readings are aggravating, the Crown said.

But Dukes has no prior record, has entered very early guilty pleas and is taking responsibility for her actions, which are mitigating factors, she said.

Mucciarelli called for a $400 fine for leaving the accident scene.

"I made an unlawful decision when I got in my vehicle and drove," Dukes told Condon when she apologized to the court. "I'm grateful I didn't injure anyone or myself."

During her 10 years of sobriety, she had turned her life around and earned a university degree.

This incident has been a "blessing for me," she explained to the court. 

"It's not that I don't care about the victim but I feel it's what I needed," she said. "It gave me an opportunity to go back to the 12-step program."

The judge told Dukes he's sorry to hear COVID had such a negative impact on her.

But "I'm pleased to hear this has been an awakening for you and caused you to go back to the supports you needed," Condon said.

It was unfortunate for the victim, but "I can see you are remorseful."

He imposed a $2,000 fine and prohibited Dukes from getting behind the wheel for one year for the impaired offence.

She must pay a $500 monetary penalty, plus a victim surcharge, for leaving the accident scene.



About the Author: Linda Richardson

Linda Richardson is a freelance journalist who has been covering Sault Ste. Marie's courts and other local news for more than 45 years.
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