Wednesday, November 04, 2009

Impaired charge withdrawn in bizarre mischief case

From: Wasaga Sun
On the road again... Just can't wait to get on the road again...
Micozyslaw 'Mike' Guzik, 51, pleaded guilty Oct. 20 to public mischief by making a false report of theft of his vehicle. The defendant received a suspended sentence as 12 months on probation.

Speaking in tandem with a Polish interpreter, prosecutor Dean Ring said that at 9:17 p.m. on Mar. 7, 2009, Huronia West OPP officers were called to a car in the ditch on County Road 10 in Clearview Township. Witnesses described the accused's northbound vehicle, which had "signaled a left and then missed the turn" in the fog. The same witnesses allegedly noted a smell of alcohol on the driver's breath before he left the scene on foot.

Police were able to identify the accused and traced him to his nearby home, where in an intoxicated state he was told of the accident. The officers then said "they would return when he was sober," said Ring. A scant 10 minutes after their departure, the OPP received a 911 call from Guzik claiming that his car had just been stolen. The defendant persisted in this vein to the extent of giving statements at the Huronia West detachment. This was despite his having no memory of the night before. Given the evidence, which proved him to be dishonest, the accompanying charge of impaired driving - which in any event was beyond proof in the time frame - was withdrawn in Tuesday's court.

Guzik was forbidden to drive except to and from work, medical appointments, and for sustenance for a year.

"The offence is very serious and the motivation is apparent," wrote Mr. Justice Roland Harris.