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Good friend sentenced for drunk driving

Terrence McEachern
Northern News Services
Published Friday, January 7, 2011

SOMBA K'E/YELLOWKNIFE - Trying to be a good friend didn't pay off for a 24-year-old Yellowknife man after he received a $1,500 fine and a one year driving ban in territorial court for impaired driving Dec. 17.

Crown prosecutor David McWhinnie, via telephone, told the court that on Oct. 9, 2010, at 2:20 a.m., RCMP spotted the offender stopped in his vehicle in the middle of 50 Street picking up four friends leaving the Raven Pub.

The police began following the vehicle because the officer thought the driver wasn't wearing a seatbelt, said McWhinnie.

The officers pulled over the vehicle a short while later for speeding and failing to come to complete stops at a couple of stop signs. The officers noticed the driver looked intoxicated and had the smell of alcohol on his breath. The man was arrested for driving under the influence of alcohol. At the RCMP detachment, the offender provided two breathalyzer samples - 180 and 160 milligrams of alcohol per 100 millilitres of blood. The legal limit is 80 milligrams.

The offender pleaded guilty to impaired driving Dec. 14.

Even though the man has no prior convictions, McWhinnie requested a "higher than usual fine," in the range of $1,400 to $1,800, and a "slightly longer than usual" driving prohibition of 12 to 14 months. He also asked for a three to six month probation order that included alcohol counselling.

Defence lawyer Anthony Parr requested a more lenient sentence because his client is unemployed after being laid-off as a salesman. Parr also explained his client suffers from back problems, and needs a driver's licence to get to doctor's appointments.

The offender apologized to the court for his "stupid" and "reckless" behaviour. He also explained he was drinking at home and made a mistake when he went to pick up his friends at the pub.

Judge Robert Gorin accepted the man was "genuinely remorseful" and he appeared to be committed to dealing with his drinking problem. Gorin placed the man under a six-month probation order, during which time he must participate in alcohol counselling programs as recommended by his probation officer, but he only ordered the man to refrain from being under the influence of alcohol in public.

Gorin declined to grant the request the man absolutely abstain from alcohol.

"I don't want to set you up for a breach," the judge said.

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