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

800 meals donated for Cowichan frontline workers

They were at Cowichan District Hospital on May 25 handing out prepared meals to grateful workers

Cowichan CMHA officials respond to report, probation order

“there are important improvements needed to ensure greater fairness within our housing program.”

Cowichan RCMP remind public to leave dogs chilling at home on hot days

Dogsafe has designed a Dog in a Hot Car Responder Checklist

Editorial: Minimal risk in sending kids back to school

Time to poke our heads out of our comfortable nests and venture out into the world again.

Water in Lake Cowichan just fine, says acting mayor

Tim McGonigle said there is no truth to rumours of water advisories

Mission prison COVID-19 outbreak ends, 9 new cases in B.C.

New positive test at Port Coquitlam care home

List of cancelled Cowichan Valley community events

An ongoing list of events that have been cancelled in the Cowichan Valley due to COVID-19

Man who bound, murdered Vancouver Island teen still a risk to public: parole board

Kimberly Proctor’s killer is still ‘mismanaging emotions,’ has had ‘temper tantrums’

VIDEO: Humpback whales put on quite a show

The ‘playful’ pod lingered by a Campbell River tour operator’s boat for quite some time

Getting hitched at historic B.C. gold rush town still on table during COVID-19 pandemic

Micro-weddings, online visits, offered at Barkerville Historic Town and Park

Stolen gargoyle returns to its perch on central Vancouver Island yard

Petey, a concrete gargoyle statue, was returned by Nanaimo RCMP after being found by city crew

Revelstoke woman finds welcoming letter on her Alberta-registered truck

There have been multiple reports online of vandalism to vehicles with Alberta licence plates

Spirit bear possibly spotted in West Kootenay

A local resident spotted the white-coloured bear while on an evening trail run near Castlegar on May 27

B.C. businesses ‘can’t shoulder burden’ of COVID-19 sick pay

Trudeau’s plan should be tied to federal emergency aid

Most Read