Yellowknife (Feb 06/04) - Refusing the breathalyzer and driving while disqualified has cost a 46-year-old Yellowknife woman 14 days in jail plus a fine and a driving prohibition.

Judge Tom Smith handed down the sentence in territorial court this week after the woman pleaded guilty to the charges.

A further charge of impaired driving was dropped by the Crown after the conviction.

The court heard the circumstances surrounding the charges stemming from the December 2003 incident.

The woman had been stopped by an RCMP officer on Old Airport Road after the vehicle was seen weaving and swerving.

Earlier the same evening, the woman had been in attendance at a house party which the RCMP were summoned to. She was told by officers to take a taxi home.

When stopped later on Old Airport Road, the woman was arrested for impaired driving. She was also charged with refusing the breathalyzer after twice refusing to provide a breath sample.

The woman also did not have a valid licence. It was previously taken away by the court for a similar conviction.

Defence lawyer Kelly Payne told the court the offence was "distinguishable from a brazen attempt" at breaking the law.

She said the woman, who had been involved in an abusive relationship, was driving to her ex-spouse, who had promised to return money he owed to her.

"He called her in the middle of the night to tell her he had the money for her and she decided to drive," Payne said.

In his decision, Smith told the court the sentence had to be proportionate to the gravity of the offence.

"The offender acted impulsively and was under some duress," he said.

Along with the 14-day sentence for refusing the breathalyzer, the judge imposed a driving prohibition for two years and three years probation.

For driving while disqualified, the woman was handed a $700 fine. She has six months to pay it off.