Lapse in judgement results in loss of driving privilege

PENTICTON – A moment’s inattention proved to be a costly mistake for a Keremeos man in Penticton court yesterday, Dec. 1.

Fausto J. Bernard will not be able to drive for at least six months after Judge Gregory Koturbash convicted him for driving without due care and attention.

Bernard was driving on Highway 3A on Aug. 17, 2013 heading for a late afternoon of fishing at Yellow Lake. He was heading in a westbound direction at approximately 3 p.m. when he turned into the rest stop at the west end of the lake. As he crossed the eastbound lane, he failed to see an eastbound motorcycle, which struck his car.

The 71-year-old motorcycle driver suffered a shattered pelvis and broken wrist as well as a severe injury to his lower leg that resulted in the amputation of his foot.

Judge Koturbash said he could not accept evidence given at Bernard’s trial that suggested the motorcyclist was speeding at the time of the incident, determining Bernard "did not exercise due care and attention and was guilty as charged.”

Judge Koturbash noted the accident resulted in a significant impact on the victim, who is still undergoing treatment for his injuries, adding a message needs to be sent regarding the gravity and consequences of driving without due care and attention.

The judge also noted Bernard’s significant driving record prior to 2007, of 21 infractions, including 15 for speeding.

He fined Bernard $1,000 in addition to a six-month driving prohibition that could be extended by the provincial licensing authority, in addition to a 15 per cent victim surcharge.

For his part, Bernard expressed his deep regret for the incident, saying simply, “I wish it hadn’t happened.”

“Bad things happen to good people," Koturbash said. "Still this was a gross error in judgement, and there needs to be a message sent.”

To contact the reporter for this story, email Steve Arstad at sarstad@infonews.ca or call 250-488-3065. To contact the editor, email mjones@infonews.ca or call 250-718-2724.