
A disabled man who would have “practical difficulties” behind bars has been ordered to pay a heightened fine rather than go to jail after he was caught driving while prohibited by a Kamloops Mountie.
Steffen Von Krosigk, 60, pleaded guilty in Kamloops provincial court on Thursday to one count of driving while prohibited.
Court heard Von Krosigk was pulled over on June 22, 2022, after an RCMP constable clocked his van doing 113 km/h on the Trans-Canada Highway in Valleyview — 33 km/h above the posted speed limit.
Von Krosigk was a prohibited driver at the time, subject to a one-year driving ban issued by a judge following a conviction in 2021 for driving while prohibited.
Crown prosecutor Evan Goulet sought a 14-day jail sentence, as well as a further one-year driving ban and a $300 fine. He called Von Krosigk’s record of driving offences, which began in 1986, “exceptionally lengthy” and “horrendous.”
Von Krosigk has a number of health concerns, including two hernias and two recent surgeries — one on his arm and the other on his knee. He stood on crutches in court Thursday during his sentencing hearing.
“Crown acknowledges that jail is an uncomfortable place and Mr. Von Krosigk is in an uncomfortable position,” Goulet said.
"It’s not clear, though, that jail is going to compound his uncomfortable position rather than merely being another uncomfortable place to be in."
Defence lawyer Murray Armstrong asked for a $2,000 fine instead of jail, pointing to the “practical difficulties” Von Krosigk would likely have behind bars.
“He’s prepared to accept whatever you decide,” Armstrong told Kamloops provincial court Judge Roy Dickey.
"But just from what I can see, I think it would be extremely difficult to put someone in this kind of condition in a custodial setting.”
Dickey went along with Armstrong’s suggestion, ordering Von Krosigk pay a $2,000 fine by the end of October and prohibiting him from driving for a further year.
The sentence also came with a warning to Von Krosigk that he had likely just used up his last chance.
“This will be probably the last time you’re given that opportunity,” Dickey said.
"If this doesn’t deter your behaviour, then the next step the court has to take is simply to place you in jail for a while.”