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'Chronic alcoholic' jailed for driving offences

Terrence McEachern
Northern News Services
Published Wednesday, April 27, 2011

SOMBA K'E/YELLOWKNIFE - A Yellowknife man described as a "self-admitted chronic alcoholic" was sentenced to nine months in jail and given a seven-year driving ban in territorial court on April 20 for two alcohol-related driving offences.

"I hope you do something about your drinking problem," said Judge Robert Gorin before sentencing Andrew Matt Anderson, 30, to 300 days in jail minus 25 days for time already served in pre-sentence custody.

On Jan. 30, 2011, the Yellowknife RCMP responded to a call of a vehicle stuck on the Dettah ice road at 12:50 a.m. When the officers arrived, they found Anderson behind the wheel of a Ford Explorer with its reverse lights on and one of the tires spinning as the driver tried to free the vehicle from a snowbank.

The officers could smell alcohol coming from Anderson and noticed he had red, bloodshot eyes and slurred speech, said Crown prosecutor Duane Praught. Anderson shut off the vehicle, but refused to give the keys to the officers. Instead, he threw the keys into the snowbank.

Anderson was charged with driving over the legal limit after he registered two breathalyzer samples at the Yellowknife RCMP detachment - 250 and 240 milligrams of alcohol in 100 millilitres of blood - both more than three times the legal limit. He was also charged with driving while disqualified because of a three-year driving ban issued for drunk driving in February, 2009, said Praught. He also served 120 days in jail for that crime.

Anderson was caught again last month, when the Yellowknife RCMP were called to the Shaganappy Apartments on Con Road on March 26. There, they found Anderson passed out in the parking lot with his truck running and the headlights illuminated at 4:58 a.m. He was slumped over the steering wheel sleeping "with drool leaking from his mouth," said Praught. When the officers opened the door, they had to shake Anderson "many times" to wake him. Once again, he had slurred speech, red, glossy eyes and the smell of alcohol coming from his breath. He refused to provide a breathalyzer sample at the detachment, and was charged with being in care and control of a motor vehicle under the influence of alcohol and refusing a breathalyzer demand.

Anderson pleaded guilty to both sets of charges on April 19.

Based on his criminal record, including three prior impaired driving convictions and the circumstances of these two offences, Praught asked the court to impose a jail sentence in the range of 10 to 12 months and a six-to-eight year driving ban. Praught said it was nothing but "dumb luck" Anderson didn't hurt himself or others both times he was behind the wheel.

Anderson's lawyer, Serge Petitpas, asked for a slightly lesser sentence of eight to 10 months and credit for time served. Petitpas explained Anderson, originally from Newfoundland but a Yellowknife resident for the past 12 years, was a "self-admitted chronic alcoholic" who started drinking when he was 10 years old.

Anderson, who has been working as a carpenter's apprentice in the city for the past four years, spoke briefly to the court and in a soft voice apologized to his friends and family, his kids and to the judge for wasting the court's time.

Besides the jail term, Gorin sentenced Anderson to six months of probation and a $120 fine. The seven-year driving ban was added to the duration of the three-year driving ban he received on Feb. 18, 2009.

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