Sheri Regnier/Trail Times

B.C man, driving legally blind without licence, gets two years for fatal crash

Driver lost licence, declared legally blind in 2001

A Trail senior is serving two years in jail after being found guilty of criminal negligence causing death in a traffic collision that occurred at a Highway 3B turn-off near the mall three years ago.

Theodore Finlay Levick, 86, was taken into custody after Supreme Court Justice M. Tammen sentenced him in the Rossland courthouse on Sept. 6.

Following a trial by judge in March of this year, Levick, who is legally blind and had no driver’s licence, was convicted of criminal negligence in the death of Meaghan Brown on July 25, 2016.

Brown was on her new Suzuki motorcycle headed westbound toward her job in Trail at approximately 5:40 a.m.

Levick was travelling east on Highway 3B toward the Waneta Plaza, when he failed to yield to right-of-way traffic and turned left off the highway into a mall entrance. According to court documents, a witness recognized Levick as “somebody who came through Tim Hortons drive-through regularly.”

Brown died at the scene that morning, two days shy of her 28th birthday.

Two witnesses gave testimony and two collision reconstructionists provided evidence for the prosecution. The eight-page reconstructionist report includes many details, coloured photographs, and notes, “the weather was clear and dry.”

In addition to a two-year jail term, Judge Tammen also sentenced Levick to a lifetime prohibition from driving.

This ruling came down after the prosecution’s case highlighted the fact that Levick was declared legally blind in July 2001 and had no licence to drive. (“Legal blindness” is defined as vision 20-200 or worse)

On the date of the crash, he had not been lawfully licenced to drive a motor vehicle for 15 years.

A critical prong of the Crown’s case was the medical evidence given by three doctors concerning Levick’s vision for the 15-years prior to the collision.

Court papers reveal he suffers from diabetes. In particular, Levick has a condition called diabetic retinopathy, which led to him being declared medically unfit to drive in July 2001.

He has not been licenced since August 2001.

Judge Tammen’s decision reads: “On the totality of evidence, I am satisfied the conduct of the accused driving in the manner he did, in his medical condition, showed wanton and reckless disregard for the life and safety of others. With full knowledge of his extreme visual impairment and the attendant risks, the accused chose to drive.

“The mere act of setting out behind the wheel that day would constitute reckless disregard for the lives and safety of others. I find the accused guilty.”

Further, the judge stated, “… The actions of the accused in driving in the manner in which he did, knowing his vision was significantly impaired, engaged in inherent dangerous activity with attendant risks far greater than those usually associated with driving a motor vehicle.

“Any reasonable person armed with the knowledge possessed by this accused would have foreseen the very real risk of causing an accident in which bodily harm would ensue. Moreover, I am satisfied that this accused was subjectively aware of that risk. His moral blameworthiness is therefore high.“

Court documents did not reveal whose car Levick was driving that morning, though it was identified as a 2014 Suburu Forester. Meaghan Brown was driving a 2016 Suzuki V-Strom motorcycle.

Just Posted

Kelowna receives accolades for accessibility and inclusivity

“Receiving this provincial recognition reaffirms that everyone is welcome in Kelowna,” said Mayor

Kelowna council opposes ‘racist’ Quebec secularism bill

The city joins Calgary, Montreal, Victoria, Kitchener and Brampton in condemning the bill

Gotham Nightclub pumps up the jams for the first time this weekend

Gotham Nightclub is taking place of Level Nightclub eight months after it closed its doors

New trial ordered for Salmon Arm optician convicted of sexually assaulting 14-year-old boy

Kenneth Pilkington was ininitally found guilty of the offense

Sockeye Salmon return to Okanagan Lake for the first time in decades

The Okanagan Nation Alliance and Fisheries and Oceans Canada restored a fish ladder damaged over 50 years ago

Tories take North Okanagan-Shuswap riding with decisive lead

Incumbent Conservative MP Mel Arnold returns to Ottawa, Liberal Cindy Derkaz a distant second

Second young woman dies after rollover crash near Williams Lake

‘Someone’s going to get her heart, which is awesome, because she has the best heart in the world’

Google searches for ‘how to vote’ surge on Election Day

Interest spikes despite social media campaign by Elections Canada

Troll Grandfather bridges gap in Okanagan

Spotlight Kids’ Series show comes to Vernon Sunday

Alberta man pleads guilty, fined for hunting without a licence in North Island

It’s the responsibility of each hunter or angler to know whether they are considered a B.C. Resident.

B.C. mayor apologizes for removal of Queen’s portrait from council chambers

‘I prefer to be inclusive of the many aspects of our history’

Hergott: Driving and talking to a passenger

Lawyer Paul Hergott writes about distracted driving with passengers

Alcohol a possible factor in crash that killed 17-year-old girl near Williams Lake

A pickup truck left the road and rolled over on Highway 20 on the weekend

Most Read