Police in Sudbury found a drunk driver who had passed out behind the wheel

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The judge was blunt: She could send Justin Collin to the penitentiary for his second and third DUI convictions.

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Instead, she heavily fined Warren’s husband and revoked his driver’s license for three years.

“I’m not going to be lost for words,” Ontario Court Justice Julie Lefebvre told Collin in Sudbury court. “This sentence is low. I would have no problem sending you to prison.”

Collin, who already had a DUI conviction back in 2017, was charged with DUI offenses in Sudbury in 2023 and 2024.

Collin could face jail time if he goes to court in Sudbury.

However, Judge Lefebvre fined him $3,000, suspended his license for three years and ordered him to serve 18 months of probation in addition to a stern lecture.

“I’m already trying to get it (alcohol) out of my life,” Collin replied. “I understand that I have a problem with alcohol.”

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Collin, 30, pleaded guilty to refusing to take a breathalyzer and driving carelessly (initially while under the influence). Both charges were filed in Sudbury.

Accepting a joint sentencing submission by the Crown and defense attorney Paul Frinak, Lefebvre fined Collin $2,000, issued a three-year license suspension and 18 months’ probation on the conviction for refusing a breath sample.

She also fined him another $1,000 and placed him on probation for 18 months for reckless driving.

The first probation order includes a condition that Colleen receive treatment as directed, particularly for alcohol abuse.

The second probation order includes a condition that Collin complete the province’s “Back on Track” program.

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The court heard that around 2:40 a.m. on September 27, 2023, the driver of a Volkswagen Tiguan stopped at the intersection of Lasalle Boulevard and Notre Dame Avenue in New Sudbury.

The driver – Colleen – lost consciousness behind the wheel.

Investigating Greater Sudbury Police officers noticed the vehicle was parked but the engine was running. Inside the vehicle, they saw two open containers of alcohol, as well as several unopened ones.

Collin did not wake up at first and did so only after the officers prodded him. Looking confused, Collin refused medical attention.

Collin, who smelled strongly of alcohol, refused to provide a sample and was charged.

Just after 2 a.m. on March 29 this year, Greater Sudbury police officers who were conducting a DUI in the Donovan area saw Collin leave the establishment, get into his car and drive away.

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Officers followed him down Kathleen Street and stopped a short time later.

Collin was charged with driving while intoxicated.

“He has struggled with drinking and driving in the past and clearly in these cases,” Frynak told the court.

Frinak said Collin had tried to get help for his drinking problems but could not afford the services he found.

“Probation will help him get that help,” the attorney said.

Frinak said Collin, who is a diamond driller, believed he could have refused to provide a breath sample on the road, but had to provide samples for an Intoxilizer test at the police station.

When Collin arrived at police headquarters, Frinak said, “it was too late by the time he got there.”

Given a chance to address Lefebvre before the sentencing, Collin said: “I’m sorry. You will never see me in the courts again.”

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Judge Lefebvre told Collin that the facts of his case were troubling.

“Being a sober driver is one thing,” she told him. “Drunken driving is another matter.”

Lefebvre told Collin that one of the consequences of his two convictions is that his insurance rates will increase significantly when he gets his license in three years. She also warned him not to return to court on another drink-driving charge.

“If you do go somewhere and decide to drink, you’d better plan ahead,” the judge emphasized. “The ordeal will help your rehabilitation… Take advantage of it.”

As a result of Collin’s two pleas, the Crown dropped other charges against him.

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