Yellowknife (Mar 17/04) - A senior official at the Department of Indian Affairs and Northern Development has been convicted of failing to provide a breath sample to police.

The conviction follows an incident last fall when he was pulled over on suspicion of drunk driving.

Lorne Tricoteux, an assistant regional director at DIAND, was fined $700 and barred from driving for a year after his two-day trial -- which began in December -- wrapped up in territorial court March 11.

Tricoteux, 54, was also found not guilty of impaired driving by Judge Michel Bourassa, who ruled that his poor balance and flushed complexion -- observed by police after he was pulled over -- could be explained by medication he was taking.

The 54-year-old was arrested a little after midnight on Aug. 9 when a plainclothes RCMP officer spotted him rolling through two stop signs near Overlander Sports on 51st Avenue.

After he was stopped, officers said the 54-year-old's face appeared flush and he had trouble walking when he got out of his car.

He also mistakenly handed police his government ID card when they asked for his driver's licence.

Back at the detachment, Tricoteux insisted on speaking with counsel before providing police with a breath sample, a move his lawyer John Davidson said didn't constitute an outright refusal. After three unsuccessful attempts to contact counsel, Tricoteux gave up, telling police "waking someone up at this hour wouldn't be nice."

In doing so, he waived his right to a lawyer and no longer had an excuse for refusing the breathalyser demand, said Bourassa. He still refused to provide a breath sample.

"He was given an opportunity to contact a lawyer. He made the decision that it wouldn't be very nice," said Bourassa.

While Tricoteux was convicted of failing to provide a breath sample -- suspects are required to submit to a breathalyser test if they're asked by a police officer -- Davidson successfully argued that there was reasonable doubt as to whether or not his client was even drunk.

He said Tricoteux had trouble walking because of a chronic back problem that required muscle relaxants and chiropractic treatment.

Davidson suggested his client's face was likely flushed due to medication he takes for high blood pressure.

Since police didn't have a reading of Tricoteux's blood alcohol level, there wasn't enough evidence to prove beyond a reasonable doubt he was intoxicated, said Bourassa.

Davidson mentioned Tricoteux had already faced internal discipline as a result of the incident, but officials at DIAND could not be reached for comment before press time.

Tricoteux is also expected to appear in court this summer on charges that he and three other men -- including another DIAND official -- squandered caribou meat near Indian Hill Lake in September of 2002.