A veteran Sudbury police officer has been convicted of drunk driving for the second time in six years.
Const. Robert McNeil, 46, pleaded guilty Tuesday to drunk driving after being charged last Aug. 26.
According to records at the Sudbury Courthouse, McNeil was charged with impaired driving, refusing to provide a breath sample, dangerous driving and breach of court orders.Three charges were dropped after McNeil pleaded guilty to having more than .08 milligrams of alcohol in 100 millilitres of
blood in his system.
Justice Guy Mahaffy agreed to a joint submission of a $750 fine and 12-month suspension of McNeil?s driver?s licence.
McNeil was convicted of impaired driving in relation to a charge filed in 1996, where he was given a $500 fine and 12-month licence suspension.
McNeil still faces court proceedings in relation to an assault charge.
Assistant Crown attorney Andrew Slater said it was his opinion police officers facing criminal charges are not shown any favouritism by Sudbury?s Crown?s office or the justice system at large.
?In my experience in this office the past 10 years, we don?t give police officers any special treatment,? said Slater. ?If anything, they are treated with more scrutiny than the average citizen.
?We realize as officers of the court there is a public perception police officers might get special treatment and we take special efforts to ensure that perception isn?t applicable in the cases we handle.?
Tuesday?s drunk driving sentencing hearing was held at Domestic Violence Court at 159 Cedar St. rather than at the Sudbury Courthouse on Elm Street.
Sgt. Todd Zimmerman of the Greater Sudbury Police professional standards branch, told Northern Life McNeil remains under suspension and still faces numerous charges under the Police Services Act. All police officers in Ontario who are suspended because criminal charges have been filed against them are still allowed to collect their full pay.
?Officer McNeil was suspended... after the most recent charges were filed against him? no date has yet been set for the Police Services Act charges to be dealt with,? said Zimmerman.
Police Chief Ian Davidson will make the ultimate decision on the punishment McNeil will face once the Police Services Act tribunal is completed, said Zimmerman.
Depending on what happens at the tribunal and ultimate rulings by a tribunal officer, McNeil can either be reinstated without reprimand or face disciplinary action ranging from loss of rank, suspension to dismissal.
Slater, the assistant Crown attorney for Sudbury?s Crown attorney?s office, said he would not comment on any specific case while acknowledging the Crown would normally seek a jail sentence of 14 days for someone convicted of drunk driving twice in six years.
?But it all depends on the circumstances surrounding the offence and all of the factors involved, including the nature of the driving, the degree of impairment and results of the breathalyser tests,? said Slater.
?In many cases we do seek the imposition of a jail term (for a second drunk driving conviction six years apart), but it?s not unheard of that jail is not imposed when the gap between convictions is more than five years apart.?
The Crown would in most cases seek a substantial fine in excess of the minimum $600 fine mandatory for those convicted of drunk driving, even for a first offence, said Slater.
The presiding judge in each case should be made aware by defence counsel and the Crown attorney of all special circumstances in an accused?s life at the time of sentencing, said Slater.
If there?s a joint submission on sentence presented by defence counsel and the Crown attorney, the Ontario Court of Appeal has ruled the presiding judge should accept that joint submission unless he or she believes the punishment suggested would bring the administration of justice into disrepute, he said.
Almost all criminal charges are also discussed at a pre-trial conference between defence counsel and a Crown attorney. A pre-trial judge?s considerations on appropriate punishment must also be taken into consideration by the presiding sentencing judge, said Slater.
