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

Jam fam set to expand sweet and spicy empire

Saunders Family Farm gets bigger.

Local skicross racers hit the World Cup circuit

Olympian India Sherret is joined by fellow local racers Zoe Chore and Courtney Hoffos

UPDATED: Hwy 93 reopens after rockslide blocks traffic in Fairmont Hot Springs

Highway at Fairmont between Dutch Creek and Westside Road blocked until geotechnical team can assess

Rob Morrison sworn in as Kootenay-Columbia MP

Parliament set to reconvene on Thursday with election of House Speaker, Throne Speech

VIDEO: Octopus, bald eagle battle after bird ‘bites off more than it can chew’ in B.C. waters

B.C. crew films fight between the two feisty animals in Quatsino off north Vancouver Island

Process to identify those killed in Gabriola plane crash could take days

Canadian flight museum suggests Alex Bahlsen of Mill Bay died in Tuesday’s crash

‘Honest mistake:’ RCMP says B.C. cannabis shop can keep image of infamous Mountie

Sam Steele wearing military, not RCMP uniform in image depicted in Jimmy’s Cannabis window

B.C. conservation officers put down fawn blinded by pellet gun on Vancouver Island

Young deer found near construction site in Hammond Bay area in Nanaimo, B.C.

Laid-off forest workers converge on B.C. legislature

Loggers call for action on strike, provincial stumpage

B.C. guide fined $2K in first conviction under new federal whale protection laws

Scott Babcock found guilty of approaching a North Pacific humpback whale at less than 100 metres

Feds urge Air Canada to fix booking problems as travel season approaches

The airline introduced the new reservation system more than three weeks ago

Almost 14,000 Canadians killed by opioids since 2016: new national study

17,000 people have been hospitalized for opioid-related poisoning

Chevron’s move to exit Kitimat LNG project a dash of ‘cold water’ for gas industry

Canada Energy Regulator approved a 40-year licence to export natural gas for Kitimat LNG

Most Read