Melfort Provincial Court. (file photo/ paNOW Staff)

By Charlene Tebbutt

not guilty

Man found behind the wheel not guilty of impaired driving

Feb 25, 2019 | 1:30 PM

A man who had a safe ride home lined up, but still ended up behind the wheel has been cleared of impaired driving charges.

Jeremiah Wade Bucko was found not guilty of impaired driving and being over the legal limit by a judge in Melfort Provincial Court last month. The judge found Bucko, 41, did not intend to drive drunk when he was spotted by police outside a bar in the driver’s seat of a vehicle.

Judge Inez Cardinal found Bucko tried to find a safe ride home, and even though he was found behind the wheel, “there was no realistic risk that Mr. Bucko might put the vehicle in motion either intentionally or accidentally.”

“There was no evidence Mr. Bucko did anything other than sit in the driver’s seat,” she said.

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The case relates to an incident in Melfort on New Year’s Eve in December 2017. Bucko arrived at the bar around 10:45 p.m., having arranged for his cousin to pick him up when he was ready to leave. Bucko called his cousin after consuming a considerable amount of liquor, but when she was unable to come get him, he sought another ride home.

The bar offered a shuttle service and Bucko arranged to get a ride home. Bucko was waiting in the van outside the bar while the driver went inside to see if anyone else needed a ride. An RCMP officer spotted Bucko walk from the passenger side of the vehicle and get into the driver’s side and quickly arrested him.

In an interview with paNOW, Bucko said that he thought the vehicle had stalled in the frigid weather and he got into the driver’s seat to restart it. Bucko admitted he was heavily intoxicated the night of the incident, but said he never drives after drinking and knows the dangers of impaired driving.

“In my dumbness, I walked around and got in the driver’s seat and started it, and I got out and I thought I was back in the passenger seat when I wasn’t,” he said. “I didn’t even know why I was getting arrested, then the following day, later on in the day, when it was explained to me.”

In a written court decision, Cardinal said Bucko was only in the driver’s seat of the vehicle for a couple minutes and there was no danger to anybody or property.

“This should not be taken to mean that in every case where the police intervene that an impaired person behind the wheel of a motor vehicle will escape criminal liability,” Cardinal said in her decision. “It is laudable that the bar was offering a shuttle service to their patrons to discourage drinking and driving, and such programs should be encouraged as a matter of public policy. However, it is also incumbent on the shuttle driver to take precautions so that no intoxicated person can access the driver’s seat at any time.”

Bucko said he is relieved to have the court case wrapped up. He said the last year and a half has been stressful.

“Trust me, I wasn’t going to drive that night and I don’t drive drunk,” he added.

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Charlene.tebbutt@jpbg.ca

On Twitter: @CharleneTebbutt