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Refugee faces reduced fine after speeding near Smokey Lake

Justice splits difference between Crown and defence asks, gives 24-year-old $800 fine
Boyle Provincial Court ext summer
A Edmontonian pleaded guilty to driving 60 kilometres over the speed limit after he was caught trying to rush to work outside of Smoky Lake

BOYLE – An Eritrean refugee who found himself on the wrong end of a radar gun walked away from court with an $800 fine and a stern warning from the Justice, who said it could have been much worse.

Steven Okbamicael Abraham, 24, pleaded guilty to a sole count of speeding in the Boyle Court of Justice Nov. 12 after he was clocked going 164 kilometres an hour in an 100 km/h zone near Smoky Lake.

“I need to make sure that you understand that this type of driving and this type of behaviour is unacceptable (and) I need to send the message to the community that this sort of action is not acceptable,” said Justice William H. Hendsbee.

“I do take into account the early guilty plea on your part, which helps to save court resources, and I understand your financial circumstances. This could easily have resulted in a driving suspension, so you can count yourself fortunate regardless of the sentence imposed.”

On May 29, Abraham was driving three other co-workers to a job site outside of Edmonton on Highway 36 and was in a rush to get there on time after one colleague was an hour late. He told the justice that he knew he was in the wrong, but asked for leniency in the fine for a few reasons: he’s the main breadwinner for his extended family in Canada, and will be headed back to Eritrea for his wedding in January.

“He agrees emphatically that his speed was dangerous, and that driving at those speeds is dangerous, so there’s a complete recognition on his part in the danger,” said duty counsel Anthony Oliver, who helped Abraham with his plea.

“The speed is very high, the Crown’s position is very reasonable, but nonetheless, given the circumstances I ask the court to consider a $500 fine.”

Oliver added that while Abraham did make a good wage as a contractor, he was paying his families rent, as well as school fees for a younger sibling. 

Oliver’s counterpart, Crown prosecutor James Wegener, was seeking a $1,000 fine, noting he could have justified suspending Abraham’s licence given the speed he was going. If Abraham had been caught going 50 km/h over instead of 60, the fine would be $495.

Abraham will have until early February to pay his ticket, or he’ll serve the six-day custodial sentence in default.

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