‘Need for legislative change’: 45-day jail sentence for fatal distracted driving exposes flaw in Highway Traffic Act

It's a sentence that no one seems happy with.

A cyclist is dead, and the woman who killed her while driving distracted will serve 45 days in jail.

“It really illuminates the need for legislative changes within the Highway Traffic Act (HTA),” says lawyer Terry Brandon who was the defence lawyer in the case. 

“We have these serious charges where someone is dead, and the need to adjust the sentencing options for the court.”

Lori Neville was killed during a charity ride in August of 2020 near Wyoming, Ont.

Nurse Melissa Miller was behind the wheel. She had just sent a text moments earlier.

Miller's sentence has devastated Neville's former partner.

“The whole day in court felt like it was a roller coaster,” says Natalie Neville, Lori’s former partner.

“At one point, you'd think that he (Justice Mark Poland) was going to throw the book at her and the next it seemed she was getting off with nothing.”

Natalie says it was tough to hear parts of the case which led to the decision.

“It just was hard to hear all the evidence and some of the mistakes that were made throughout it,” says Natalie.

A memorial for cyclist Lori Neville who was killed while riding her bike in Lambton County in 2020. (Jordyn Read/CTV News London)“The biggest mistake made by the OPP taking her phone and not giving her the right to call a lawyer which essentially caused this case to go from her being charged criminally to her being charged with the Highway Traffic Act.”

Under the HTA, the penalties for this conviction can lead to a fine of up to $50,000, two years in jail, and your driver’s licence suspended.

Justice Poland decided to go above and beyond by imposing a jail sentence.

“To impose a sentence that only involved a fine or some lesser sentence in these circumstances would risk sending the wrong message,” Poland wrote in his decision.

“Here, the sentence must not only denounce the conduct, it must deter other motorists from engaging in texting while driving.”

Although defending Miller, lawyer Terry Brandon sympathizes with the Neville family.

“Our own family had a tragedy up north of Toronto, where my nephew was killed while cycling,” says Brandon.

“In that case, the driver of the vehicle didn't stop. They did surrender later but did not stop. And there's no sentence that is just for the family. So I understand that from my own personal experience.”

However, she says this case is important, and precedent setting.

“Both the crown and I had difficulty finding reported case law in this area,” says Brandon.

Natalie Neville (Right) with her former partner Lori Neville in this family photo (Source: Natalie Neville)“There has to be other cases of convictions and texting and other individuals with serious bodily harm or death. But they just don't exist as legal precedents. This case does now it is a cited case that other counsel Crown and ddefencecan look to moving forward and get the message to the public.”

That message is put down your phone while behind the wheel.

“It's a highway traffic offence just to hold your phone, let alone use it,” says Brandon.

“When you text somebody's loved one is in jeopardy and in peril walking down the street, riding a bicycle. They are vulnerable, and that's the message here. The message is to not text and drive.”

Neville agrees, but believes the punishment won't be a deterrent.

“She might as well just gone off on it,” says Natalie.

“Myself and mine and Lori’s son, we essentially are serving a life sentence. We never get her back.”

Miller will serve her 45-day sentence on weekends.