Tag: Nerissa

Egregious conduct puts drunk driver in jail

An Ontario court judge said a 43-year-old Hamilton man “shook the consciousness of the community” when he drunkenly drove his  vehicle onto a busy Port Dover beach last year.Justice Gethin Edward sentenced Yourem Mako to 90 days in jail, which he will be permitted to serve on weekends so he can hold down his full-time job.Mako was severely intoxicated last Aug. 4, his birthday, when his actions were captured on video.“People saw how close innocents were to injury and even death,” said Justice Gethin Edward. “It was horrible.”The judge watched a video, captured and posted on social media, that showed  Mako’s blue van mounting a curb at the beach and driving steadily toward the packed beach despite screams from onlookers.One man rushed his child out of the way and tried to stand in front of Mako’s van. Those on the beach opened the driver’s door and pulled out and restrained Mako out.People reported seeing open and empty bottles in the vehicle and said said Mako was screaming threats.“For the most part, impaireds happen at night,” said Edward. “But, here, the community bore witness to Mr. Mako’s conduct at 11:37 a.m. on a crowded beach and then the greater community bore witness when the cellphone video went viral.”Assistant Crown attorney Lynette Fritzley asked for a 90-day sentence.“His pre-sentence report shows a man not willing to take responsibility for his actions and is blaming his ex-wife,” Fritzley told the judge.“You could see from that video, nobody pulled his ex-wife out of that car as he plowed through the beach on a busy day. His ex-wife didn’t pour alcohol down his throat and tie him into that car. He made those choices to put everybody on that beach at risk that day.”Defence lawyer Adam O’Brodovich said his client, who was born in Iraq, was misunderstood by the author of the report.“It’s unfair. His drinking did occur from the breakdown in the relationship (with his wife) but he’s not saying he drank on that day because his ex-wife magically made him do this. He’s taking full responsibility.”O’Brodovich said, since the incident, Mako, who previously had a clean driving record, has been “bone-dry sober”.Without a licence, Mako’s been travelling six hours a day to get to and from work to keep his job and maintain his child-support payments.“He’s clearly taking it seriously.”While many first-time drunk drivers get a driving prohibition and finesof $1,000 to $2,000, the defence lawyer asked the judge to consider a sentence of 10 days of time served plus another 30 days of weekend jail. O’Brodovich also presented letters of support from Mako’s siblings, with whom he’s been residing, co-workers and employer.“It was a terrible thing that happened and, yes, people were put in danger. I’m not minimizing that. He was depressed, turned to drinking and made some very poor decisions. But he got his drinking under control.”Mako offered a short apology to the judge.Edward said that Mako’s “egregious conduct’ calls for a 90-day sentence.He said the man’s blood-alcohol readings were extremely high, the number of potential victims, including children, was high and and the video was upsetting to the thousands who viewed it.Edward credited the time Mako had already served toward a breach of probation, which had to do with a charge of having a dangerous weapon in a domestic dispute some time ago.Mako’s 18-month probation period will mean no driving, except for the forklift at his job. He also is prohibited from consuming alcohol or drugs. And he is banned from Port Dover.“Mr. Mako, there are redeeming qualities in all people but many who observed how you drove on that beach might believe you have no redeeming qualities,” said the judge. “To your credit, you are spending six hours a day going to and from work to support your family.“That’s something you should be proud of and use that motivation to remain sober and do the right things in life. I trust this was a one-off and it’s not going to happen again.”[email protected]@EXPSGamble read more

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Diesel drivers fear £10 city centre bill after High Court orders Government

first_imgVW is already facing stiff penalties after it was plunged into an emissions crisis last year Charlie Elphicke, a Conservative MP who campaigns for fair fuel prices,  said Labour were to blame for the crisis over diesel cars.  He said: “It’s incredible that Labour encouraged people to go diesel and  drivers now face being punished for it. This is yet another example of  Gordon Brown’s toxic legacy… Much of the pollution in cities comes from  buses and it would be right for action to be taken to modernise bus fleets  rather than hit drivers.” However, Alan Andrews, a ClientEarth lawyer, said: “It’s clear we need a  national network of clean air zones, just like Defra had originally planned  before the Treasury squashed that plan. The government must consider  including the most polluting cars in this scheme, something which it has  refused to do until now. We would like to see this coupled with a targeted  scrappage scheme for the most polluting vehicles and a major investment in  clean public transport, cycling and walking – so people have clean  alternatives to driving their dirty diesel cars.” The group argued that the Government was “basically doing the bare minimum  and hoping the problem would disappear by 2020.” A Defra spokeswoman said after the High Court ruling: “We will now  carefully consider this ruling, and our next steps, in detail.”Dr Penny Woods, chief executive of the British Lung Foundation, said: “It’s  a public health crisis.”  The ruling comes a year after motoring giant Volkswagen was plunged into  scandal over emissions-fiddling on its diesel engines. The Government announced last December that “Clean Air Zones” were to be introduced in Birmingham, Leeds, Nottingham, Derby and Southampton by 2020. In response, the official spokeswoman for Theresa May, the Prime Minister,  said: “We are accepting today’s court judgment and will consider now the  details and set out next steps in due course.”Mrs May told the House of Commons: “We have taken action, there’s more to  do and we will do it.”In July, Sadiq Khan, the mayor of London, announced he was consulting over  £10 “T-charge” which would apply to all vehicles, diesel and petrol, with  pre-Euro 4 emission standards, broadly those registered before 2005.ClientEarth, a campaign group which won a landmark Supreme Court ruling in  April 2015 over the same issue, had argued the current Air Quality Plan  “must be quashed” and replaced by a modified, improved plan.Martin Vickers, Conservative member of the Transport committee, said  removing diesel cars from city centres would be a “big step” that “would  need very serious consideration”, but added: “It would have an enormous  impact on a great many people.” Diesel car drivers could be charged for entering city centres after the  High Court ruled the Government was failing to meet European emission  standards.Ministers will be left with little choice but to penalise motorists,  industry leaders warned after senior judges agreed current measures  to tackle the pollution crisis were “flawed” and “woefully inadequate”. The Department of Environment, Food and Rural Affairs must now look again  at measures to cut street levels of nitrogen dioxide (N02), a primary cause  of 50,000 premature deaths a year from fumes. Mr Justice Garnham, sitting in London, ruled that the current plan discourage heavy goods vehicles entering five major cities does not go far enough. In his ruling he suggests that the government look again at its previously  rejected options, which included a levy on all diesel vehicles emitting  dangerous levels in “clean air zones”. Limits for N02 had been introduced by EU law in 1999, and were to be  achieved by 2010. On Wednesday the judge attacked the Government for  overunning and said minister “fell into error by adopting too optimistic a  model of future emissions”.Industry experts said it was “inevitable” ministers would now be forced  into a U-turn after ruling out charges for diesel car drivers as they  announced five new low emissions zones last December. Nick Molden, founder and CEO of Emissions Analytics, a leading testing  company, said: “The precedent is  set of linking nitrogen dioxide emissions to money and in my view that is  an obvious mechanism to roll out elsewhere. Vans will adopt the same  regulations as cars so it is possible small businessmen will be hit too.” Government sources said there would be a period of scientific  testing before new legislation was confirmed. However, Karl McCartney, a Conservative MP on the Transport Committee, said  he would urge colleagues to “consider the various implications, negative  or otherwise, of perhaps extending zones where diesel cars have to pay to  enter cities with a view to cutting pollution, or congestion, further”. The AA, RAC and other motoring campaigners said a blanket charge would be  unfair on families who had bought diesels on the understanding that they  were environmentally-friendly. “It’s would be very disappointing for those families who had followed the  ‘dash for diesel’ under the previous government,” said Edmund King,  president of the AA.Simon Peevers, business services spokesman at RAC, added: “This ruling will set alarm bells ringing for millions of  motorists and businesses who are reliant on their diesel vehicles.”ClientEarth, which first launched legal action in 2011, said 37 out of 43  zones across the UK “remain in breach of legal limits” and successfully  argued unlawful weight was given by the Government to “cost and political  sensitivity” when drawing up a 2015 plan. Mr Khan said of the ruling: “This must now act as a real wake-up  call to Government to finally get to grips with this national health  emergency that is causing 9,400 deaths every year just in London alone.”Rupert Pontin, director valuations for the Glass’s Guide, also said some  charges were now “fairly inevitable”.”It will change the usage of the  diesel car,” he said. “Potentially you might have a downturn and there will  be a lot of lobbying for a scrappage scheme.”However, recent research by the AA found diesel cars in London can account  for as little as five per cent of the city’s nitrogen dioxide levels. Quentin Willson, the motoring broadcaster and fuel price campaigner, added:  “Punishing millions of diesel drivers for mistakes in past government  policy is neither fair nor honest.”Howard Cox, founder of the FairFuelUK campaign group, said diesel drivers  “are already punitively taxed more so than those in Germany, France, Greece  and other EU economies”.In his ruling on Wednesday, Mr Justice Garnham agreed that a 2015 plan to cut  emissions failed to comply with Article 23 of the EU Air Quality Directive  and linked air quality standard regulations. He ruled new legislation must  be drawn up at the “soonest date possible.” VW is already facing stiff penalties after it was plunged into an emissions crisis last yearCredit:Getty Want the best of The Telegraph direct to your email and WhatsApp? Sign up to our free twice-daily  Front Page newsletter and new  audio briefings.last_img read more

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