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.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Haida Nation reminds ‘select few’ fishing lodges that Haida Gwaii is closed to non-residents

‘Upholding Haida law amid COVID-19’ release comes one day before Queen Charlotte Lodge plans to reopen

PHOTOS: ‘Phengnominal’ gnome house constructed in Port Clements

‘Ms. Gnomer’s Home 4 Wayward Folk,’ created by Kelly Whitney-Gould, a hit for kids and loggers alike

Councillor resigns mid-term in Queen Charlotte

Richard Decembrini’s resignation announced at regular meeting on July 6

Survey, hotline launched amid probe into racist blood-alcohol guessing game at B.C. hospital

Mary Ellen Turpel-Lafond has been appointed to lead an investigation by Health Minister Adrian Dix

Feds announce $8.3M to deal with ‘ghost’ fishing gear in B.C. waters

Three projects on the North Coast awarded funding

Canadian policing organization calls for decriminalization of simple illicit drug possession

Canadian Association of Chiefs of Police want policing focus of opioid crisis to be replaced with a health one

B.C. appeals judge’s decision to leave three clubhouses in Hells Angels hands

The province has filed two notices of appeal related to the B.C. Supreme Court decision

Conservation officers relocate Spirit bear known to roam northwestern B.C.

Bear roamed valley north of Terrace for many years

B.C. premier applauds call to decriminalize drug possession

Police shouldn’t struggle with health issues, Horgan says

Time to protect B.C.’s unique glass sponge reefs, conservation group says

Climate change is a “serious and immediate threat” to the 9,000-year old sponges: study

VIA Rail lays off 1,000 unionized workers across the country

Northern B.C. route Jasper to Prince George to Prince Rupert is not affected by VIA Rail layoffs

Indigenous leader Ed John pleads not guilty to historical sex charges

Ed John’s lawyer entered the plea by telephone on behalf of his client

Woman who talked to unconscious husband for 30 years gets solace from B.C. study

Ian Jordan suffered a head injury when he and another officer were on their way to a call in Victoria in September 1987

RCMP investigate threat against Indigenous totem poles on B.C.’s Sunshine Coast

Police describe the nature of the threat as ‘sensitive’

Most Read