HomeMy WebLinkAboutThe Citizen, 2007-01-25, Page 14THE CITIZEN. THURSDAY, JANUARY 25, 2007. PAGE 15.
A Teeswater woman was
sentenced to 60 days in jail
following an appearance in
Wingham’s provincial court, Jan. 18.
Diane Foxton, 48, pled guilty to
two counts of driving while
impaired.
Crown attorney Bob Morris said
the accused was arrested in
Goderich, Oct. 10 at 4:25 p.m. A
nurse at the hospital told police that
a female, who was obviously
intoxicated, had come into the
hospital to pick up some medication.
Police found Foxton’s vehicle
travelling west on Huron Road. “It
was straddling both eastbound lanes
with a long line of traffic behind,”
said Morris. Foxton pulled into a
parking lot and when she exited
police noted that she was staggering.
Speaking with her they detected
other signs of impairment.
Less than two months later, police
were contacted about a possible
impaired driver coming from
Teeswater to Wingham. Shortly,
afterwards, Foxton was seen leaving
Wingham’s LCBO parking lot.
“Police observed the driver drinking
from a bottle,” said Morris.
Foxton has a previous conviction
for impaired from May 15, 2003.
Duty counsel John Myers said
Foxton had a “number of issues she
is dealing with on an on-going
basis”, including alcohol
dependency. He added that she has
received counselling in the past and
has currently attended AA. “She
does have long periods of sobriety,
but obviously crashes occur.”
“She is quite devastated in terms
of what’s before her,” he said, asking
Judge R.G.E. Hunter to consider her
early guilty plea and her efforts to
deal with her addiction.
Hunter sentenced her to 15 days
on the first charge and 45 on the
second. Foxton is prohibited from
driving for three years and will serve
12 months probation. Her sentence
will be served on an intermittent
basis.
FINED
A man who pled guilty at
November’s court to four charges of
assault was fined a total of $2,000
and placed on 12 months probation.
Michael Hurst of Palmerston was
arrested in Howick following an
incident at 1 a.m. June 18. The
Crown said the 29-year-old who was
intoxicated at the time, had become
involved in an altercation at a beer
tent. When security tried to
intervene, the accused punched two
people, the kicked another in the
groin, causing the man to lose
consiousness twice.
After police placed him in
handcuffs, Hurst said he would leave
peacefully. When the cuffs were
removed he ran past the cruiser and
tackled one of the victims.
A pre-sentence report painted a
different picture of the accused than
the events of June 18 did. Defence
counsel presented letters of
recommendation, as well as letters
of apology written to the victims.
“These were unsolicited. (Hurst)
handed them to me without any
suggestion on my part,” said
counsel.
Letters on his behalf spoke of
Hurst’s work in the community as a
volunteer and demonstrated the
“strong backing” he had from
friends and family, his attorney
noted. “It’s not necessary for me to
re-iterate what the community thinks
of this man.”
“This was totally out of character.
That’s not to say that it wasn’t a
serious incident, but Mr. Hurst has
certainly reflected upon it. His
remorse it genuine and it’s not going
to be something that will be
happening in the future.”
Noting that the implications of a
criminal convictions will be onerous
for his client, not just in his
volunteer work, but through his
employment, which requires him to
cross the U.S. border, counsel hoped
Hunter would consider leniency.
“Considering the nature of the
offence I am not giving him a
conditional discharge,” said the
judge.
Hurst was fined $500 for each
charge. He has 90 days to pay. In
addition to probation, Hurst is also
prohibited from owning weapons for
a period of five years.
MISCHIEF
Philip Leger of Port Elgin, pled
guilty in November to committing
mischief, to break and enter, to
failing to comply with conditions of
bail and to threatening. Facts were
presented Thursday.
On March 20, Leger had gone to a
residence around 11 p.m. and had
caused damage to a door and
window by slamming and kicking it.
The victim called 911 and before
police arrived, Leger had entered the
residence a number of times
apologizing for his behaviour, said
the Crown.
He was released on bail and was
told to have no contact with the
victim. However, she contacted
police Aug. 7 to say Leger was
calling her repeatedly and had
shown up at her home. “He had
entered uninvited and began yelling,
shouting and kicked over a TV
stand,” said Morris.
Also during one visit he broke a
window.
Then on Aug. 9 at 1 a.m. the
victim called police because Leger
was at the door and trying to get in.
Myers presented letters
highlighting the 23-year-old’s
progress through the past few
months. He was referred to as a
“personable young man, respectful
and diligent.” Another said there has
never been any “indication of anger.”
Hunter fined him $300 on each
charge for a total of $1,200. He has
six months to pay. In addition he
must serve 18 months probation.
IMPAIRED
George Steip of Wingham pled
guilty to impaired driving.
The 74-year-old was arrested Dec.
14 after police saw him “stumble out
of the door” of a local pub and later
get into a vehicle and drive away,
said Morris.
When stopped Steip displayed
signs of impairment and officers
detected an odour of alcohol. “At
one point he said, ‘I hope the judge
says I can’t drive. I’m getting too
old’,” the Crown added.
He was fined $750 and has had his
licence suspended for one year. He
was given 30 days to pay the fine.
POSSESSION OF STOLEN
PROPERTY
A Gorrie woman faced charges of
impaired driving and possession of
stolen property over $5,000.
Julie Frater, who pled guilty, was
arrested Sept. 2 at 7:21 p.m. after
police were dispatched to an
accident on Hoover Line in East
Wawanosh. Upon arrival they found
a car and trailer wrapped around a
hydro pole.
Frater refused to take a breath test.
It was later determined that the
boat and trailer she had been towing
were stolen from Walkerton.
Myers said an individual had
hooked up the stolen property to
Frater’s vehicle and told her to
deposit it near his residence. He
explained that the 30-year-old
accused had intended not to go
through with the request, but was
actually trying to return the property
to the victim’s relative.
Frater was fined $750 for the
impaired driving charge and placed
on 12-months probation for the
possession charge. Her licence has
been suspended for 12 months and
Hunter gave her six months to pay
the fine.
PUBLIC DISTURBANCE
A Wingham man was given six
months to pay a $400 fine after
pleading guilty to a charge of
causing a public disturbance and to
failing to comply with a court order.
Police were called to a possible
domestic dispute at 11:34 p.m. on
June 14. They saw a female walking
and a male following her. Morris
said the accused, William Coates,
ignored the officers’ request to stop
and yelled at them.
On Aug. 26 police responded to a
fight at Teeswater. Coates, was there
and had been drinking. He had been
ordered to abstain from alcohol.
He was fined $200 on each charge.
FAIL TO COMPLY
Sean Wolfe of London was
charged with failing to comply with
a probation order Dec. 4 in North
Huron. He pled guilty.
Morris said a gas station had
contacted police because an
intoxicated male, with no coat and
no shoes had come into the business
and laid down.
The 30-year-old was fined $250
which he has six months to pay.
Court newsTeeswater woman gets
60 days for driving drunk
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