Driver who hit Montreal cyclist gets suspended sentence

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Ohbkba Ameziane-Hassani hit a disabled driver in Montreal in the middle of the night in October 2021. The force was enough to knock him to the ground before the car careened into the alley and dragged his bike underneath him.

Ameziane-Hasani's ear was nearly torn off during the incident, requiring surgery to reattach it. He was hospitalized for 10 days with injuries to his arm, hand and elbow. He is still too nervous to ride his bike.

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In a recent decision in a Montreal court, driver Alain Kovacs was sentenced to two years in prison to serve in the community, despite Crown prosecutors seeking prison terms.

“Despite the victim's very serious and long-term trauma, – the sentence imposed must prioritize deterrence and deterrence, as well as allow for further rehabilitation of the accused,” said Quebec District Court Judge Suzanne Kostom.

That night, 34-year-old Kovach spent the evening celebrating his daughter's birthday with his family. He told the court that during the celebration he received a call that his mother was seriously ill in Croatia.

Despite drinking whiskey all night, Kovacs decided to take a drive to clear his head. He said it was about 2 a.m. when he hit Ameziane-Hassani, but he didn't realize he hit someone at the time.

Then, as he dragged the bike behind his car and drove down the alley, the noise was enough to wake up the neighbors. When he stopped, she witnessed him get out of his car, shouting, raising his arms, after taking off his shirt.

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After being arrested and taken to the police station, breath samples gave results of 220 and 200 mg of alcohol per hundred milliliters of blood. The legal limit in Quebec is 80 mg of alcohol per 100 milliliters of blood.

Kovacs told the court he had no recollection of driving that night – the incident was 10 minutes from his home – or of the collision itself. However, he pleaded guilty to driving a vehicle causing bodily harm.

Both the defense attorney and the Crown agreed that Kovacs should be sentenced to 15 months in prison. The defense argued that he should serve in the community, and the Crown urged the court to impose a prison sentence.

In his ruling, Kostom noted that higher courts have consistently said tougher sentences are needed in driving-disqualification cases “given the enormous social problem and the devastating damage caused by people who get behind the wheel after drinking.”

But Kostom ruled that no jail time was necessary in Kovach's case, preferring instead an 18-month sentence to be served in the community: nine months on 24-hour house arrest and a further nine to be served between 10pm and 6am.

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After that period, 18 months of probation and 240 hours of community service. Kovacs was also ordered not to drink alcohol while serving his sentence and was disqualified from driving for two years.

Aggravating factors include Kovacs' “extremely high” blood alcohol level, the significant injuries he sustained and his reckless driving. Mitigating factors include his guilty plea and no previous criminal record. The decision also took into account Kovacs' immigration status as a permanent resident and how the sentence could jeopardize his right to remain in Canada.

In a victim impact statement, Amezian-Hassani said she still lives with chronic pain from the incident, which requires therapy, and no longer rides her bike because it causes too much anxiety.

In reviewing the mitigating factors in the case, Kostom noted that Kovacs was truly remorseful for his behavior, including apologizing to Amezian-Hasani in court.

“He said that every year he remembers what he did on his daughter's birthday and will carry the burden of it forever,” Kostom wrote. “He accepts that he could have killed the victim and is grateful that he did not.”

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