Despite fourth impaired driving conviction, Sudbury man spared jail (2024)

Cesare Pacitto’s fourth drinking and driving conviction could have landed him in jail for four months.

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However, since the Sudbury Crown attorney’s office did not file notice it was seeking an increased penalty in the case, Pacitto, 63, ended up with an eight-month conditional sentence.

The Sudbury man had pleaded guilty to charges of within two hours of operating a conveyance, having more than the legally allowable level of alcohol in his system (commonly known as blowing over and over 80), and driving while prohibited concerning his arrest on Oct. 16, 2023.

The Crown and defence lawyer Michael Venturi, in a joint sentencing submission, had initially sought a seven-month conditional sentence. Under that plan, Pacitto would serve the first four months under house arrest, followed by three months with a curfew.

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Ontario Court Justice Graham Jenner, however, felt that was too lenient.

After assistant Crown attorney Alyssa Caverson and Venturi had a discussion, they proposed an eight-month house arrest sentence.

Justice Jenner agreed.

Jenner said it was aggravating Pacitto had been convicted of impaired driving in 200 and 2022 (and fined $3,000), and over 80 and driving while prohibited in 2023 (and fined $2,000 and given a three-year licence suspension.)

The judge said had the Crown sought an increased penalty in the case, he could have sent Pacitto to jail for 120 days.

“This is not two (drinking and driving) convictions prior to today, but three,” he pointed out. “In early 2023, you were convicted for the exact same offences (as today). This is extremely aggravating from the court’s perspective.”

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Jenner then told Pacitto that if he came back in similar circ*mstances, real jail is all but a certainty.

“I want to be crystal clear,” he stressed. “If you fall down again, there may be somebody else who can’t get back up again … Even a seasoned alcoholic with these (Intoxilyzer) readings is a danger to the community. You need to be concerned about other members of the community, others’ sons and daughters.”

In addition to the conditional sentence, Pacitto was issued a 12-year licence suspension and a one-year probation order that includes a condition to take treatment as directed, in particular, for alcohol abuse.

“Mr. Pacitto: you have done a lot to help yourself and that is to be commended,” concluded Jenner. “But if you come back here for similar conduct, you are going to be in a jail situation for sure. It could be a high number.”

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Earlier, Pacitto told Jenner he had taken steps to address his various issues.

“I understand the severity of my actions,” he told the judge. “I take full responsibility for the act of driving impaired. I can only thank God for protecting me and the people around me, that nothing happened.

“I do understand that my addiction is something I have to work on, deal with psychiatrists and psychologists. It’s a lifelong thing. I will deal with it for the rest of my life.”

Pacitto then got emotional as he finished reading from his short letter, saying he is proud he has the support of his three daughters in dealing with his addiction.

“Every time I have fallen, I have got up and am working hard to deal with the problems I have,” he said. “No matter what, I’m going to continue to work on myself and get this under control.”

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The court heard that on Oct. 16, 2023, Greater Sudbury Police were notified that Pacitto, a prohibited driver, had been seen repeatedly driving.

Officers went to Pacitto’s home and there was no vehicle in his driveway. The officers remained in the area.

About 5 p.m., a vehicle pulled into the driveway and Pacitto got out.

Pacitto, who had an odour of alcohol on his breath, failed an Approved Screening Device test and later produced Intoxilyzer readings of 200 and 190, more than double the legal limit of 80 while driving.

He was charged.

In his sentencing address, Venturi said Pacitto is not working but is hoping to find a job soon.

Venturi provided a doctor’s letter highlighting the mental health and addiction issues Pacitto is working on. As well, he said Pacitto spent about a month in hospital last December, is getting counselling, attending Alcoholics Anonymous meetings and is on nine medications.

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In 2020, Venturi said, Pacitto completed a 30-day in-patient addiction treatment program and, in 2022, completed a 90-day in-house program.

“Mr. Pacitto is not oblivious to the issues he is facing and he has made recent efforts to remedy them,” Venturi said, arguing that an in-custody sentence would be hard on his client due to his mental health issues and physical ailments.

Venturi also said Pacitto has sold his vehicle to ensure he isn’t tempted to drive again.

Finally, Venturi said addiction will be a life-long battle for Pacitto and “that no matter what turn that takes, he cannot drive.”

Caverson told Justice Jenner the Pacitto case involved a great deal of negotiations by the lawyers.

She said that while it was good Pacitto has been getting professional help, he was driving while prohibited and produced “significantly high” Intoxilyzer last year.

“If he has any further contact with the criminal justice system, I don’t see how anything other than a significant jail term would be required,” she said.

As a result of the two guilty pleas, the Crown dropped other charges Pacitto was facing.

hcarmichael@postmedia.com

X: @HaroldCarmichae

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