Duane Glen Smith benefits from changes to Criminal Code as he avoids jail time
Duane Glen Smith, 44, was sentenced Wednesday to a two-year conditional sentence - effectively house arrest - and was prohibited from driving for the next seven years for a Sept. 11, 2019 crash that cost the life of 21-year-old Dakota Shaw.
After five days of testimony, Smith pleaded guilty to dangerous driving causing death with agreement from Crown prosecution. He had also been facing a count of impaired driving causing death after a urine sample taken from Smith four-and-a-half hours after the crash tested positive for methamphetamine, ampthetamine, oxycontin and fentanyl.
He had said they had a dog and a kitten sitting unsecured in the back seat and they were creating a distraction. He said the dog had jumped into the front was trying to lick his ear and that somehow the kitten got under his feet. In order to get hold of the kitten, Shaw undid her seatbelt and that's when they spun off the road, according to Smith.
Under the terms issued by the judge, Smith will serve his term at his grandfather's home in Valemount where he will wear an electronic monitoring device. While not working, he must remain on the property for the first 18 months, with the exception of two hours in the afternoon on Mondays, Wednesday and Fridays and only while in the company of his grandfather. For the remaining six months, Smith will be subject to a curfew from 8 p.m. to 6 a.m.
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