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Court briefs
Drunk driver blew 0.29
Daniel Campbell
Northern News Services
Published Friday, September 13, 2013
SOMBA K'E/YELLOWKNIFE
After driving with more than three times the legal limit of alcohol in his blood, a Yellowknife man is facing jail time, plus other conditions.
Alexander Betsina, 43, pleaded guilty to driving over the legal limit of .08 per cent, as well as failing to comply with court orders. He'll have to pay a $1,500 fine, go to jail for four months and is suspended from driving for 15 months.
RCMP caught Betsina driving slowly onto the Dettah ice road on March 18, just before midnight. Officers noticed him slurring his speech and a strong odour of liquor.
A breathalyzer test revealed Betsina had 290 milligrams of alcohol per 100 millilitres of blood, moire than three times the legal limit.
Betsina broke a court order that night not to consume alcohol. He broke the order again on June 29 and broke a peace bond not to make contact with a woman on June 7. He was sentenced for the impaired charge and breaches on Wednesday.
Defence attorney Gary Wool said his client has had problems with alcohol in the past, but is on the road to recovery.
"I can attest to a change," he said.
Wool explained Betsina needs treatment for his addiction, not jail time.
"Punishment is rarely effective in treatment for alcohol addiction," Wool said.
But deputy judge Brian Bruser felt Betsina needed to be imprisoned.
"This sentence is not about treating your addiction. It's about protecting the public," he said to Betsina.
Betsina has no prior impaired driving convictions, although he has been convicted under the Criminal Code 29 times before Wednesday's sentencing.
Court cases bogged down
A busy day in Yellowknife territorial court meant a number of matters were pushed to later dates on Wednesday.
Four trials and six sentencings were scheduled on the court docket Wednesday. Deputy judge Brian Bruser wasn't able to complete any of the trials, adjourning them all to later dates. Bruser was able to sentence four accused, but a prolonged sentencing that dragged through the morning and afternoon meant other matters were missed.
Numerous witnesses, including two RCMP officers, were present in the court to testify, but had to leave when they realized the court didn't have time for the trials.
Drunk driver needs treatment, not jail: lawyer
A Yellowknife defence attorney is arguing his client should be discharged instead of spending time in jail due to his alcohol addiction.
Brendan Hamilton, 32, has been convicted of impaired driving three times since 2003. On Wednesday, he was convicted of his fourth impaired driving offence. Hamilton was suspended from driving for three years at the time of his arrest. He was stopped by police on 53 Street on Feb. 13 after a resident reported an impaired driver. He had more than twice the legal limit of alcohol in his blood.
Defence attorney Gary Wool said his client struggles with alcohol, but has been successfully taking part in treatment. Wool called Hamilton's mother and common-law spouse to testify on the success of Hamilton's efforts. At least five family members were present in the courtroom to support him on Wednesday.
Hamilton cares for five children. His spouse argued they'd undergo considerable financial and emotional hardship if Hamilton was jailed. Wool wants his client to have a "curative discharge," meaning he would face probation instead of jail, in order to help him with his alcoholism.
Deputy judge Brian Bruser said Wool would have to provide evidence of Hamilton's treatment, which occurred in Alberta. Wool said the request is unfair, since there are no treatment centres in the North and it is difficult for clients to provide medical proof for this reason.
"To impose a condition that individuals need to present medical evidence disproportionately disadvantages those in the North," Wool said.
Bruser held off sentencing, saying he'd like to have a video conference with Hamilton's treatment centre in Alberta to get proof of his condition.
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