Firefighter jailed after driving impaired and crashing into house

A firefighter crashed his car into a house on his street while he was three times over the blood-alcohol limit. The court heard he also hadn’t slept for three to four days. It is his third charge for impaired driving.

Derek Lee Pososki, pleaded guilty to driving impaired on Feb. 24, 2024, and had a blood-alcohol level of .246, over three times the legal limit.

A family of three, with a one-year-old infant, lives in the Blumenort home that was struck by his vehicle.

“My God. What if that one-year-old have been out in that yard?” said Judge Kusham Sharma on Friday.

Pososki drove onto the family’s yard and hit their house causing it to shake at around 10 a.m. The air bags were released.

“That’s the carnage that your behavior leaves behind. It is just luck. It is not good management. It is good luck that you didn’t kill somebody that day,” said Sharma.

According to a witness, Pososki was stumbling, then grabbed a clear bottle and threw it in the yard. He left before police arrived.

“If someone is driving intoxicated at that level where they can’t avoid a house. What confidence should we have that somebody is going to be able to avoid a car or pedestrian?” said Jennifer Neufeld, Crown attorney.

Damage to the house was $26,000.

“With the job that he has, he’s seen the results of impaired driving in terms of collisions, or people getting injured or perhaps killed by drunk driving,” said Neufeld. “It’s a question for me how someone who might’ve seen things like that keeps on making that decision and posing that same risk to public safety that he has seen the consequences.”

Pososki had two other previous drunk driving convictions.

He was charged on May 16, 2017, for driving impaired, hitting a vehicle with a father and a daughter in the car. He was again charged on May 13, 2022, for driving impaired.

Court heard Pososki’s job and contributions as a firefighter made the decision a bit more difficult.

“We’ve heard twice before about the positive steps he has taken…but I think we have reason to be skeptical he’ll be back again,” said Neufeld.

The Crown was seeking 120 days in custody, a five year driving prohibition, and a $1,000 restitution for the deductible the family had to pay for MPI.

Pososki’s family in the gallery sighed after each suggestion.

He is currently living in Winnipeg to be closer to his work and is divorced, court heard. His three kids live with his wife in Landmark.

Pososki has done extensive counselling, and is diagnosed with ADHD, court heard.

“With most substance abuse addicts you’re going to see two steps forwards, one step back at this scenario until they get close to the finish line which I don’t think there’s ever a finish line. But being at a much better position,” said Joshua Weinstein, defence lawyer.

He sold his red SUV, and does not have access to a vehicle, court heard.

Weinstein said that Pososki is trying to parent but it’s difficult without a car since his kids live in Landmark.

In April, he relapsed because one of his co-workers committed suicide, court heard.

Weinstein said Pososki is a productive member of society with his job as a firefighter.

“It’s really difficult. It’s a balancing act,” said Sharma. “He should not get special treatment that other people don’t get.”

The defence lawyer was seeking a 60-day intermittent sentence due to Pososki’s work schedule and duties.

“It’s ruined my whole life,” said Pososki. “Every single day. No car. No house. No daughters.”

“To be quite honest I was suicidal,” said Pososki. “I might not be standing right here right now if somebody had gotten hurt.”

Pososki was sentenced to 60 days in custody, three years of driving prohibition, 18 months of probation, a $1,000 restitution, and was told to write a letter of apology to the family whose house he hit.