Sudbury officers investigating drunk driving crash almost run over by another drunk driver

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Greater Sudbury Police officers investigating the scene of an accident in Val Caron caused by a drunk driver were almost run over when another drunk driver smashed through a barricade they had set up.

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Alison Laviolette’s driving forced three officers to scramble to get out of the way. On Wednesday, Laviolette, 26, of Capreol, was given a four-month conditional sentence.

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“I’d just like to say I’m happy nobody was hurt,” Laviolette told Ontario Court Justice Louise Serre via Zoom link. “I’m just thankful and moving on from this and becoming a better person. I will never do anything like this again.”

“You are so fortunate that the undermining of the facts of the case didn’t produce a body,” Justice Serre said. “No one was killed. No one was injured. Had they, you would be haunted the rest of your life.”

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Laviolette pleaded guilty several weeks ago to impaired driving and dangerous driving concerning the incident, which occurred about 12:25 a.m. Nov. 19, 2019 on Municipal Road 80. She drove drunk through a police barricade set up to allow officers to reconstruct a serious, three-vehicle motor vehicle collision involving an impaired driver in Val Caron hours earlier.

Defence lawyer Norm Stanford of Toronto and the Crown suggested the conditional sentence. Laviolette will serve house arrest for the first two months, followed by a curfew with the other two. Justice Serre also issued a one-year licence suspension on the impaired driving charge, and a suspended sentence and 18-month probation order for the dangerous driving charge.

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The judge told Laviolette that society condemns impaired driving. “You are a young woman with a dark side,” said the judge. “You were clearly impaired behind the wheel. But, these offences have given you insight into your alcohol issues and you do suffer from mental health issues.

“There are many people who commit serious crimes while out drinking and driving. They are otherwise citizens who have never been involved in criminal law. You’re one of them. But the facts are so great (here), there must be a custodial component to the sentence.”

The court heard Laviolette was driving a red, four-door Honda car southbound on Municipal Road 80 about 12:25 a.m. Nov. 19, 2019, when she came upon the police barricade set up between Cecile and Isabelle streets so they could investigate the crash caused by another impaired driver.

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Several officers were doing accident reconstruction work behind the barricade and another officer was at the barricade redirecting traffic. A temporary sign was also set up to alert motorists not to proceed and several police cruisers at the scene had flashing roof lights on. Laviolette, however, drove through the barricade and the reconstruction scene, damaging police equipment and forcing three officers to scramble to get out of the way. Laviolette continued to drive through the accident scene and then onto Lina Street where officers were able to stop her. Laviolette smelled of alcohol, had bloodshot eyes, spoke loudly and roughly, and appeared to be drunk. She was charged.

Const. David Hamilton, a Greater Sudbury Police collision reconstruction officer, said in his victim impact statement read in by assistant Crown attorney Mathieu Ansell that the incident left him shaken.

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“I clearly recall the officer’s voice yelling for the person to stop at the barricade,” he wrote. “There was the sound of a resounding thump as the vehicle smashed a barricade. I had to jump out of the way to avoid being hit. I recall the initial shock following the incident and then an overwhelming sense of disbelief as to what happened.”

Hamilton said when he got home hours later and told his wife about what had happened, she was brought to tears.

“There is never an excuse to drive impaired,” he concluded in his statement. “I was called out to investigate an impaired (incident) and have the right to go home at the end of my shift.”

In his sentencing submission via Zoom link, Stanford said Laviolette suffers from anxiety and depression and had turned to substance abuse, specifically alcohol, to deal with it. Stanford said that when Laviolette came upon the police barricade on Municipal Road 80, she misunderstood the officer’s instructions and drove through the barricade, realized what she had done, and then panicked. “She is extremely remorseful for her conduct and the danger she put the officers in,” said the lawyer.

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Stanford said Laviolette has not driven since the incident, has not sought to have her licence reinstated following the automatic 90-day licence suspension period, “and is even reluctant to be a passenger in a vehicle.” Stanford said due to the pandemic, Laviolette has had difficulty accessing counselling and other services to help her address her mental health issues and is hopeful that she will now be able to do so with the assistance of her probation officer.

Assistant Crown attorney Mathieu Ansell, in his sentencing submission, said it was a combination of luck, chance and timing that no one was killed or hurt.

“We were very close to painting a different picture in this instance,” he said.

Ansell said the Crown’s initial sentencing position was jail, but, the pre-sentence report, which gave a good insight into Laviolette’s life, modified that position.

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“We are comforted to see Miss Laviolette has made some efforts to address the underlying issues, but only to be hindered the past year by the pandemic,” he said. “A period of custody in the community can address the principles of denunciation and deterrence with a focus on Miss Laviolette for rehabilitation.”

As a result of Wednesday’s court proceedings, the Crown withdrew nine other charges Laviolette was facing, including driving on a closed highway, failing to remain at the scene of an accident, and disobeying a police officer.

The co-accused in the case, Vincent Gaudreau, 26, of Capreol, is also facing an impaired driving charge. He is alleged to have been a passenger who got out and then drove off for a short distance before police stopped the vehicle. His charges are still before the courts.