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Burned out headlight leads to big fine

Terrence McEachern
Northern News Services
Published Friday, January 21, 2011

SOMBA K'E/YELLOWKNIFE - A burned out headlight has cost a Yellowknife man more than a replacement bulb after he received $2,300 in fines in territorial court for impaired driving and possession of marijuana.

"It's lucky you were stopped that night," Judge Bernadette Schmaltz told the 31-year-old man at sentencing in territorial court Jan. 6. "It probably sounds trite by now, but you could have killed someone."

Crown prosecutor Marc Lecorre told the court that on Oct. 23, 2010, the Yellowknife RCMP pulled over a vehicle on 50 Street near 52 Avenue at 12:48 a.m. for having a burned out headlight on the passenger's side of the vehicle. Officers became suspicious that the man might have been drinking when they noticed he was having trouble finding his driver's licence, vehicle registration and insurance. They asked him if he'd been drinking that night, and he replied that he had consumed "a few drinks."

He was then asked to step out of the vehicle, and was searched for "police safety" reasons.

In his left pants pocket, officers found a plastic bag containing a "green leafy" substance, which later was determined to be three to four grams of marijuana.

At the RCMP detachment, the man provided two breathalyzer samples both registering 180 milligrams of alcohol per 100 millilitres of blood. Lecorre asked that the offender receive an $1,800 fine for both offences as well as a one-year driving ban. Lecorre added the man has no prior criminal record.

Defence lawyer Peter Fuglsang told the court his client, who works in the mining industry, is remorseful for what he'd done. Eventually, the man wants to attend university to study kinesiology.

The offender declined to speak to the court before sentencing.

The $2,300 in fines is based on $2,070 for impaired driving and $230 for marijuana possession.

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