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

Police will be diverting traffic between Island View Road and Amity Drive from 12 to 1 p.m. Oct. 23. (Google Maps)
Section of Pat Bay Highway closes for Mi’kmaq fishing rights demonstration

Police will be diverting traffic Oct. 23 from noon to 1 p.m between Island View Road and Amity Drive

Oulette the Great Horned owl was spotted alive just days after her mate, Ollie, was found dead from suspected rat poisoning on Oct. 17. (Photo by Cheryl Redhead)
Great Horned owl mate found alive in Cuthbert Holmes Park

Oulette spotted in tree above where male Ollie died of suspected poisoning

Saanich firefighters were called out to Hartland Road on Oct. 21 to help transport a mountain biker with neck and back injuries out of the woods. (Black Press Media file photo)
Patient with neck, back injuries rescued from Saanich bike trails

Saanich firefighters called in to help paramedics with transportation off Mount Work

Saanich South Liberal candidate Rishi Sharma commits to addressing issues at the five-way intersection of Interurban and Wilkinson roads in partnership with the municipality if elected. (Black Press Media file photo)
Saanich South Liberal candidate commits to improving Interurban/Wilkinson intersection

‘Confusing five-way intersection,’ needs attention, Rishi Sharma says

Advance polls are open from Oct. 15 to 21 with election day on Oct. 24. (Black Press Media file photo)
Actor Ryan Reynolds surprised a Shuswap family with a special birthday message to their son who was worried he’d be alone on his 9th birthday on Nov. 24. (Tiffanie Trudell/Facebook)
Ryan Reynolds text almost gives away Shuswap boy’s birthday surprise

Deadpool actor helps remind eight-year-old Canoe resident he’s not alone

Environment Canada has issued a snowfall advisory for parts of Vancouver Island for Thursday and Friday.(File photo)
Snowfall expected in parts of Vancouver Island this week

Environment Canada has issued a snowfall advisory for north, east and inland Vancouver Island

More and more electric cars are on the road, but one Chevy Bolt owner was shocked to see how much his BC Hydro bill skyrocketed once he started charging the vehicle. (Black Press file photo)
Lower Mainland man sees significant spike in BC Hydro bill after buying electrical vehicle

An increase should be expected, but Brian Chwiendacz experienced a 200-plus per cent hike

Jordan Jay Ward is wanted on a Canada-wide warrant for two counts of manslaughter. Photo supplied
Wanted man from Calgary may be on Vancouver Island

Jordan Jay Ward is wanted on a Canada-wide warrant for two counts of manslaughter

FILE – A voting package for the 2018 electoral reform referendum. Vote-by-mail packages for the 2020 provincial election will look similar, according to information provided by Elections BC. (Katya Slepian - Black Press Media)
POLL: Have you voted yet?

As election day quickly approaches, hundreds of thousands of British Columbians have… Continue reading

The Cowichan Steelheads’ Jesus Martinez (left) and the Cowichan 49ers’ Daryl Rodgers chase down the ball during Saturday night’s all-Cowichan clash at the Sherman Road turf. (Kevin Rothbauer/Citizen)
Cowichan masters derby takes unexpected turn with broken leg

Soccer community comes together in midst of battle

Larry Whetstone is concerned about the condition of Jeffries Road, where he has lived for 30 years. (Robert Barron/Citizen)
Poor condition of rural road in Cowichan has resident fed up

Transportation Ministry says repair plan under development

Most Read