SOMBA K'E/YELLOWKNIFE - A struggling alcoholic, undergoing counselling, was caught driving drunk at a Thanksgiving checkstop and will be spending his weekends in jail until he's served a total of 90 days.

Hardy Jacobs was sentenced in territorial court on Nov. 30 after pleading guilty to driving while his blood alcohol level was three times the legal limit.

Defence lawyer Jay Bran told the court his client is "not the man he used to be." Jacobs' last conviction was in 2003, and though he is an admitted alcoholic and has been on and off the wagon, he is constantly seeking help and trying to better his life. He has been attending alcohol addictions programs at the Tree of Peace and enrolled in school to upgrade his education.

"He has had perfect attendance since he started in early September," said Bran. "Anybody who has had anything to do with Mr. Jacobs over the past few years has nothing but good things to say about him."

According to the facts, read aloud by Crown prosecutor Roger Shepard, Hardy was caught on Oct. 9 in a checkstop set up jointly by the RCMP and municipal enforcement as part of Operation Impact on Thanksgiving weekend.

The stop was set up on the corner of Franklin Avenue and School Draw Avenue. When Jacobs pulled up with three passengers in his vehicle, a municipal enforcement officer smelled liquor and called over RCMP members, who then took over the investigation.

Jacobs admitted he had a few drinks earlier that night and failed the roadside test. He was arrested and taken to the detachment, where he was given two breathalyzer tests. On the first he registered 250 milligrams of alcohol per 100 millilitres of blood, and on the second he registered 240 milligrams - three times

the legal limit of 80 milligrams.

"Although Mr. Jacobs is not to be sentenced today for what didn't happen, he is very lucky (he didn't kill anyone)," said Shephard.

Jacobs has four prior convictions for driving with a blood alcohol of over 80 milligrams, two additional convictions for driving while impaired, three for driving while disqualified, and one for refusing to provide a breath sample. All of these occurred in Alberta, where he used to live.

Bran asked for a fine, but requested that if Judge Garth Malakoe thought jail was necessary, Jacobs be allowed to serve either a conditional sentence - such as house arrest - or an intermittent sentence - served on weekends - so that Jacobs could continue going to school.

"His education is very important to him," said Bran.

Malakoe granted the request for an intermittent sentence. Jacobs will also face a two-year driving prohibition, and will be on probation when not in jail until his 90 days have been served.

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