Thursday 8 December 2011

Licence to chill

Man gets house arrest after breaking driving probation

I filed this story for a court-reporting assignment. It's a minor case that normally wouldn't be reported on.

Gonzalo Juarez, 26, was found Tuesday  driving a
Lincoln Navigator in violation of probation arrangements.
Photo from rmroofing.com
A Toronto metal worker has been sentenced to six months of house arrest after once again breaching a court order to not drive.

Gonzalo Juarez, 26, pled guilty Thursday morning to charges of failing to comply with probation and breaching a peace bond.

The father of two appeared at Old City Hall’s provincial courtroom in a green sweater and work jeans. His mother sat in the audience, speaking in hushed Spanish to her son’s lawyer.

The original probation was issued earlier this year after Juarez faced a charge of obstructing a police officer. Issued June 2, the one-year order instructed Juarez not to operate any motorized vehicle or be in a driver's seat without a valid licence. Juarez has since been found driving illegally twice.

His attorney said Juarez uses a pickup truck to transport supplies for his work as a roofer.

“He's hired an employee to drive him around,” Juarez’s lawyer Jeffry House said. “But the last two occasions he was driving were late at night.”

“That is not an exemption,” Justice Melvin Green sighed in response.

Police took Juarez into custody after they found him driving northbound on Dufferin St. Tuesday night in a Lincoln Navigator. During Thursday’s trial, the court noted a number of Highway Traffic Act offences in Juarez’s record, including driving without insurance and driving with a suspended licence.

“The only thing he's done improperly is not paying his fines,” House said, explaining that Juarez could not afford a $5,000 automotive insurance bill but kept driving to support his business.

House told the court his client has a family and a mortgage but no equity on his house. Juarez, father to a 4-year-old and an infant, is listed as owner of R.M. Roofing & Disposal Services.

“This is persistent bad behaviour. It doesn't inspire a lot of confidence,” Green said. “That being said, Mr. Juarez is supportive of his family and is serious about the employment he pursues.”

Green issued Juarez six months of house arrest. For the first three months, Juarez can only leave the house for work, appointments, religious services and medical emergencies. For the remaining three months, he cannot leave his house between the hours of 10 p.m. and 6 a.m.

The judge also applied a condition that if caught driving again, Juarez would face Green and receive the maximum applicable sentence.

Juarez kept silent during the proceedings, except when asked by Green if he wanted to speak.

“I will do my best to follow these conditions. Thank you,” he mumbled.

Juarez met his mother and lawyer outside the courtroom. House explained the probation conditions in Spanish before the two signed a court order and were free to leave.

Juarez left the courthouse in linked arms with his mother, who was holding a pair of car keys.

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