Jacky Jin Zheng, 32, fined $ 2,000 and a one-year driving ban for reduced driving in connection with an accident on Christmas Day on Canada Way in 2019
A 32-year-old man from Burnaby has been fined $ 2,000 and given a one-year driving ban after pleading guilty to drink-driving during an accident that left a motorcyclist disfigured and blind in one eye on Christmas Day two years ago. .
Jacky Jin Zheng was driving on Canada Way near Goodlad Street around noon. 14:00 on December 25, 2019, when he turned around in front of a motorcycle coming the other way, according to agreed facts presented in Vancouver Provincial Court on Tuesday.
The motorcycle, which police later determined, was traveling 69 km / h in a 50 km / h zone, crashed into Zheng’s vehicle and left the motorcyclist, David Sullivan, with serious injuries, including loss of vision in one eye and facial dislocation suffered by doctors. . is still trying to rectify, according to Crown prosecutor Phil Sebellin.
At the scene, officers noticed the smell of alcohol in Zheng’s breath, and two tests showed he had a blood alcohol level of 148 milligrams and 120 milligrams per liter.
Zheng was originally charged in November 2020 with two counts of driving under the influence, causing bodily harm, but those charges were dropped after he pleaded guilty to drink-driving on Tuesday.
Sebellin called on District Court Judge Reginald Harris to impose a $ 2,000 fine and a two-year driving ban, pointing to Zheng’s high blood alcohol level as an aggravating factor.
But Zheng’s lawyer, Kyla Lee, argued for a shorter one-year driving ban.
She pointed out that Zheng had already successfully implemented a 90-day driving ban and responsible driver program, which was imposed by the provincial motor vehicle inspector in connection with the case and had not had any problems since.
She also noted Zheng’s guilty plea as a mitigating factor.
“He feels horrible about what happened and about how badly the other person was injured in this collision,” Lee said.
Lee further noted that Zheng is still facing possible consequences from ICBC and a lawsuit related to the crash, so the fine and driving ban “would not be the end of the road” for him.
When he sentenced Zheng to a $ 2,000 fine and a one-year ban, Harris noted that Zheng had no criminal record and only a dated and “minimal” driving license.
Zheng had also pleaded guilty and based on the facts presented had been a “model for cooperation” during the investigation, according to Harris
“Normally in these cases I would have been inclined to the position of the Crown; but when I take into account the remedy – the absence of a record, the objection of guilty, the long break in time (without further driving violations) – and the fact that there will be significant consequences further of this, I am of the view that a fine of $ 2,000 and a one-year driving ban is appropriate and appropriate, ”Harris said.
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