The French tourist at the wheel of a minivan involved in a crash that killed West 麻豆传媒映画resident Sage Massey has been fined $1,800 for driving without due care and attention.
On Aug. 11, 2019, Alban Queyras and his family were returning to West 麻豆传媒映画from Whistler when Queyras fell asleep at the wheel and drifted into the oncoming lane of Horseshoe Bay Drive where he clipped a pickup truck and then collided head-on with Massey鈥檚 vehicle. She died at the scene.
Queyras鈥� lawyer Casey Leggett appeared on his client鈥檚 behalf for the guilty plea and sentencing in North 麻豆传媒映画provincial court this week.
Queyras told investigators he was tired, having had two nights of poor sleep thanks to his 18-month-old twins not sleeping well, the court heard. Queyras knew he was tired and bought a coffee for the drive back to West Vancouver. He even considered pulling over, but decided to press on because there were only 27 kilometres left to his destination, the judge acknowledged.
Crown prosecutor Adrienne Lee argued this indicated a high degree of moral culpability for Queyras.
鈥淗e drove in a compromised state and he had knowledge he was driving in a compromised state,鈥� she said. 鈥淒riving is a privilege. We cannot drive on the roadways when we are compromised. The case serves to demonstrate that driving in a compromised fashion can have lifelong, devastating and tragic consequences for all.鈥�
Paraphrasing from a victim impact statement written by Massey鈥檚 mother, Judge Patricia Bond acknowledged that loss.
鈥淗er description of Sage is of a healthy, happy, engaging young woman who embraced her life fully and had a vocation she loved. She was adored by her clients and their families, and of course by her own family members,鈥� Bond said.
Her mother is now 鈥渇orever broken,鈥� Bond continued. 鈥淎nd after reading her description of her daughter, one can well understand why and how profound the loss is to her and to society.鈥�
In court, Leggett read out a letter from Queyras, a social worker and father of five, expressing his deep remorse.
鈥淚 have no words to express how sorry I am,鈥� he wrote. 鈥淏elieve me that this regrettable accident and the immense pain that it has caused you will always remain an indescribable suffering in my life. Today I have to face the consequences鈥� I am not in your place, however being a parent myself I can imagine how much pain you must be in."
Because it was only a moment鈥檚 inadvertence, the case did not meet the threshold for criminal charges and the Crown proceeded with the charge under the Motor Vehicle Act.
In her ruling, Bond听stressed that she could not sentence Queyras for the death of Massey 鈥� only for the Motor Vehicle Act violation, and that no sentence available to her would restore what was lost.
鈥淢r. Queyras鈥� error was in the nature of negligence. He is being held accountable not for criminal conduct but for being negligent by failing to exercise the care and attention that was due of him.鈥�
Queyras has 30 days to pay his fine.
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