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Banned driver nabbed by Sault licence plate reader promises to 'never do it again'

56-year-old Elliot Lake miner, who has four driving convictions dating back to 1993, was prohibited from being behind the wheel when OPP pulled him over last year
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A vehicle’s license plate information is photographed by an automatic license plate reader as it exits Sault Ste. Marie on Trunk Road.

In his own words, Yvon Gagne made a "bad error" when he got behind the wheel to drive to work last year.

The Elliot Lake miner was a prohibited driver, and his March 13 decision could easily have cost him what he told a judge is the best job he's ever had.

The 56-year-old, who has four prior driving convictions dating back to 1993, added another one to his record when he appeared in a Sault Ste. Marie courtroom last week

Gagne pleaded guilty to a charge stemming from an Ontario Provincial Police stop in Aweres township north of the Sault.

Ontario Court Justice Romuald Kwolek heard the cops' automated licence plate recognition system had registered a hit indicating the driver's licence had been revoked.

The Crown and defence jointly recommended a seven-month conditional sentence, which Gagne would serve in the community, and a three-year driving prohibition.

Prosecutor Adrianna Mucciarelli said the accused has an aggravating record with convictions that began decades ago and he "continues to drive."

Gagne was convicted of impaired and over 80 in 1993, impaired driving five years later, over 80 again in 2009 and driving while disqualified in 2017.

"Given his record this position is appropriate," she told Kwolek.

Defence lawyer Charles Bourgeois said his client was in a position where he could have soon applied to have his licence reinstated, but "he won't be able to do it now."

He told Kwolek "what happened was an anomaly."

Gagne had an arrangement with a co-worker and usually had a ride to the Wesdome mine west of Wawa.

He described his client as "obviously remorseful."

When asked if he had anything to say, Gagne responded he'd only done this one time, that it was a bad error, and "I will never do it again, I promise you that."

Kwolek agreed to the lawyers' proposed conditional sentence, calling Gagne's guilty plea a sign of remorse and pointing out that he's employed with a good job and supporting his family.

The judge admonished him for his actions, reminding Gagne he was not to get behind the wheel and "you took it upon yourself" to drive to work.

During his seven-month conditional sentence, he will spend the first five months under house arrest.

He can only leave his residence to travel directly to and from his employment, for medical emergencies and from noon to 4 p.m. on Sundays to obtain the necessities of life.

During the final two months, Gagne will have a 9 p.m. to 7 a.m. curfew.

"This is home confinement ..... this is jail," Kwolek said.

The judge also told him he's not to occupy the driver's seat of a vehicle, warning: "If you do you will spend the rest of the time in jail."

Since he's incarcerated in his home, he can have no alcohol or intoxicating substances.

This also came with a warning that if he consumed these substances he could end up behind bars.

Kwolek said the maximum driving prohibition he can impose is three years, but the Ministry of Transportation has its own role.

It's possible you won't have a driver's licence for a long time, he told Gagne.

Gagne must also pay a $100 victim surcharge.




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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