Drunk driver claims legs broken after witnesses see him walking

Ryan Ross
Send to a friend

Send this article to a friend.

Charlottetown police cruiser

A man who told police he broke both of his legs in a crash despite witnesses seeing him walking around afterwards will have to pay a $1,200 fine after pleading guilty Thursday to driving drunk.

James Nelson Smith, 48, appeared before Chief Judge John Douglas in provincial court in Charlottetown where he pleaded guilty but avoided further jail time after spending a night in custody when he was arrested.

On Nov. 28, Smith was driving on Kirkwood Drive in Charlottetown when he ran a red light and hit another vehicle.

Smith got out of his vehicle and bystanders who saw him walking around said they thought he was impaired.

When the police arrived they found Smith in his vehicle yelling that he broke both his legs and needed to go to the hospital.

At the Queen Elizabeth Hospital he was belligerent to staff, threatened to sue the police and the hospital, and said he hadn’t had a drink in 10 years.

Breathalyzer samples showed his blood alcohol level was more than double the legal limit.

Smith was able to walk once he was discharged from the hospital and the other driver didn’t have any serious injuries.

Before hearing his sentence, Smith addressed the court and said it would never happen again.

Douglas gave Smith credit for the night he spent in custody after his arrest and along with the fine, he ordered Smith to pay $360 to the victims of crime fund.

Smith is also banned from driving for one year.

Before he left the courtroom, Smith addressed Douglas one more time.

“Thank you very much sir and you’ll not see me here again,” Smith said.



Organizations: Queen Elizabeth Hospital

Geographic location: Charlottetown

  • 1
  • 2
  • 3
  • 4
  • 5

Thanks for voting!

Top of page



Recent comments

  • w kennedy
    February 02, 2014 - 17:05

    Another example of a set fine punishment being devastating for people without money. And a minor inconvenience for those with money. Then the increased insurance rates to completely destroy people. Driving privileges revocable is more equal.

    January 30, 2014 - 16:15

    Wow, what a scam, I suspect more DUI losers will take this approach in the future, since it seemed to work so well. What a joke.

  • observer
    January 30, 2014 - 14:58

    He had to spend a night in jail? I hope the judge apologized to him for that!