SOMBA K'E/YELLOWKNIFE - A man caught drunk behind the wheel with a blown out tire after getting stuck in a snowbank was given a $1,610 fine and a driving ban in territorial court Jan. 18.

"The streets of Yellowknife are not a playground for sophomoric drunken individuals," said Crown prosecutor Glen Boyd.

Boyd said on Oct. 28, 2010 at 8:05 p.m., the RCMP received a call of a possible intoxicated driver from a woman who saw a vehicle stuck in the snow on one side of Forrest Drive. As the woman drove by, she said she could see smoke and noticed a burning smell coming from the car. She thought the car was on fire, but as she drove closer, she realized the smoke and smell were caused from the car's tires spinning at a high acceleration as the driver tried to free it from the snow. The vehicle did become unstuck, and turned onto Burwash Drive and the woman watched it swerve from left to right as it headed for 56 Street. The car spun out of control and again got stuck in snow at the side of the road, Boyd told the court.

The driver got out and started pushing the car as the accused slid over and got behind the wheel. This plan worked, and the car became dislodged, but it only moved a few feet before an RCMP vehicle drove in front of it and blocked its progress. The vehicle had a blown-out right front tire from spinning its wheels.

The officers noticed the 30-year-old man behind the wheel smelled of alcohol, had slurred speech and had trouble standing. At the detachment, he provided two breathalyzer samples - both 280 milligrams of alcohol in 100 millilitres of blood - more than three times the legal limit of 80 mg.

Boyd requested a fine of $1,400 to $1,600 and a driving ban of 18 to 20 months for what he described as "simply appalling" and "utterly and totally dangerous behaviour" that could have ended up a lot worse.

Defence lawyer Jay Bran reminded the court his client wasn't charged with impaired driving but rather with being in "care and control" of the car while impaired. Bran argued it was the other man that did the majority of the driving, and that there wasn't "a shred of evidence" the vehicle moved more than a few feet.

Bran said his client has no criminal record and flew to Yellowknife at his own expense from Gjoa Haven to deal with the matter quickly.

Bran sought a lesser driving ban of 12 to 14 months in jail due to his client's "limited involvement" in the incident and a fine in the range of $1,000 to $1,200.

In addition to the $1,610 fine, Malakoe sentenced the man to an 18-month driving ban. He said driving "is a privilege, not a right ... and you're going to lose that right when your blood alcohol is that high."

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