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Man refuses breathalyzer after drive-thru

Terrence McEachern
Northern News Services
Published Friday, June 24, 2011

SOMBA K'E/YELLOWKNIFE - A 41-year-old Yellowknife man caught revving his engine while waiting at the Tim Hortons drive-thru in April received a $1,200 fine and a one-year driving ban in territorial court on June 22.

He pleaded guilty to refusing a breathalyzer demand and breaking the terms of his probation.

"For the most part of my life, I've been out of trouble except for recent events," said the man, who represented himself at the plea and sentencing. He added he was laid off from work at the time, but is now working full-time in the mining industry.

On April 21, 2011, at 1 a.m., a municipal enforcement officer became suspicious after hearing a 2004 Ford Escape in line at the Tim Hortons drive-thru on Old Airport Road revving its engine, said Crown prosecutor Glen Boyd. The officer pulled over the vehicle in the parking lot and phoned the Yellowknife RCMP. The Mountie believed the driver was impaired after hearing his slurred speech and smelling alcohol coming from him.

A passenger in the vehicle told the officer both he and the driver had been drinking, said Boyd.

When the officer asked him to provide a roadside breath sample, he refused, uttering several profanities in response.

He was arrested and charged with refusing a breathalyzer demand. After a check of the man's criminal record, the RCMP also charged him with breach of probation.

Given the early guilty plea and a prior but unrelated criminal record, Boyd asked Judge Garth Malakoe to impose a fine in the range of $1,000 to $1,200, a one-year driving ban and one day in jail to be satisfied by his court appearance.

The previous unrelated record involved a Jan. 1, 2010 sexual assault in which he received a suspended sentence, was ordered to perform 60 hours of community service, and was placed on one year of probation, set to expire in November

of 2011, according to court records.

For breaching this probation order, Malakoe fined the man $200. He was also ordered to pay a $210 victims of crime surcharge for both offences.

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