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HomeMy WebLinkAboutThe Citizen, 2007-10-25, Page 12A man with a previous impaireddriving conviction was back before ajudge to answer to another one, thistime as the driver of a school bus. William Bruce of RR1, Wingham was charged with impaired driving on March 26. He pled guilty in Wingham’s provincial court Oct. 18. Attorney for the Crown J. O’Donnell, said that police responded to a complaint at 4:30 p.m. regarding a possibly impaired bus driver. He said when police came upon the bus, it appeared to be stalling and in the wrong gear. It also veered into the wrong lane. When the cruiser lights were activated the driver, who police recognized as the accused, pulled over and exited the vehicle. O’Donnell said Bruce was unsteady on his feet and slow in responding. When asked if he had a problem, the attorney said Bruce responded, “Yes, I made a big mistake.” O’Donnell also stated that Bruce couldn’t provide the day and month of his birth and told police he didn’t have a licence. Asked if he had had anything to drink, the accused said “Nothing.” O’Donnell said Bruce was crying and continued to say he had made a mistake. Police found a 200 ml bottle of triple-distilled vodka in the bus. There were no passengers on the bus at the time. Breathalizer readings which were later analyzed, were 290 and 283 ml of alcohol in 100 ml of blood. Defence counsel G. MacKinnon said his client had been sober while the children were on the bus, but had finished the “mickey” in the 36 minutes between dropping the last one off and being arrested. He described his client as a binge drinker and alcoholic. However, he creditted Bruce with trying to regain control saying the accused went on his own to take a 35-day residential treatment, even before seeking legal counsel. He submitted a letter from Bruce’s employer saying they supported him and “indicating that up to this point he had been a valued employee” of the bus lines. Hearing that Bruce had a previous conviction for impaired driving in 2002, Hunter was less than impressed. “I find it incredible the (bus company) would hire someone with a 2002 conviction for drunk driving. It borders on insanity.” A doctor’s assessment was requested by the Ministry of Transportation. “The essence,” said MacKinnon, “is complete abstinance. (Bruce) is prepared to do that. He hit rock bottom on that bus.” Noting that alcohol takes some time to be absorbed, MacKinnon said he has no reason not to believe Bruce when he says he drank the alcohol after dropping off the children. Tests were taken almost two hours after the arrest. However, he agreed that a “good stiff sentence” should be imposed as the public needs to know their children’s safety is guaranteed. O’Donnell said that while Bruce’s actions since the arrest are “commendable” the situation could as easily have occurred with children on board the bus. Also he noted the “outrageous” readings. The Crown asked for 60-90 days. “That is extremely generous under the circumstances.” While there was argument for reasonable doubt, Hunter said he was “more than a little suspicious” about Bruce’s claim that he had only begun drinking after the children were off the bus. “If your client is an alcoholic, and he says he is, I don’t believe for aminute that he got to 280 in two hourswith a mickey.”“No way should he have beenpermitted to drive a bus to start with.” Hunter sentenced Bruce to 45 days to be served intermittently. He will serve a probation period of 12 months and is prohibited from driving for two years. DRIVING DRUNK A Wingham man pled guilty to driving while impaired and to refusing to provide a breath sample. O’Donnell said a Howick resident was awakened at 4 a.m. July 8 by loud music coming from a car parked outside his residence. He approached the vehicle and saw two “highly intoxicated” men inside. Both were drinking. When he asked them to turn down the music, the driver, Edward Edney, not only refused but increased the volume, said O’Donnell. The resident contacted police. When they arrived the two men were drinking beer and refused to turn the music down when police asked. O’Donnell said Edney’s response was that they were “just having a good time listening to tunes.” Later, at the police station, the accused did provide one sample with a reading of 195 mg of alcohol in 100 ml of blood. However when police went to wake him for a second test he said he wished to be left alone and “was done with the breath test.” In 1992 Edney was convicted of having care and control of a motor vehicle while impaired and in 1996 he was convicted of having over 80 mg of alcohol in 100 ml of blood. Duty counsel Lynn Johnston said Edney had attended six AA sessions and has been abstaining from alcohol. He was sentenced to 45 days for the impaired charge and 15 days consecutive for failing to provide a sample. This will be served intermittently. He is prohibited from driving for 12 months. 30 DAYS A Blyth man will spend weekends in jail for a time as a result of driving while his licence was suspended. Police stopped Craig Dymer in Bluevale on June 27 after he failed to stop at a stop sign. O’Donnell said Dymer admitted to the officer that he didn’t have a licence as it had been suspended for impaired driving. The start date was April 27. That was the accused’s only conviction. Johnson said that Dymer was driving because he had received a call that his child had been bitten by a dog and required stitches. He received 24 stitches for a laceration on his face. “He took a stupid chance.” Hunter sentenced him to 30 days. IMPAIRED DRIVING Wayne D. McDonald of RR2, Lucknow was fined $1,500 for impaired driving. O’Donnell said on Sept. 8 police had been called by a witness who had seen an “intoxicated” man drive away from a Wingham pub. When police caught up with McDonald, they observed him making wide turns into the incoming lane while driving. After stopping him, they noticed a strong odour of alcohol on his breath. McDonald’s speech was slurred and slow and he was “very unsteady on his feet,” said O’Donnell. Breathalizer readings were 273 and 266 mg of alcohol in 100 ml of blood. McDonald, who pled guilty, was given six months to pay the fine. He is prohibited from driving for one year. CARELESS DRIVING Bruce Hetsler of RR2, Wroxeter pled guilty to careless driving. On Jan. 1, a police officer enroute towork saw a vehicle in the ditch. Themotor was running the car was in gearwith the lights on and the loneoccupant was asleep behind the wheel. The officer tried to wake Hetsler several times. However, while he determined the accused was impaired, the officer was unable to remove the car from the ditch. Defence counsel Tim Macdonald said his client does acknowledge the careless driving and that alcohol was a factor. His record shows an impaired conviction from 1987 and another from 1996, as well as a refuse-to- provide-sample conviction. Hetsler was fined $750 to be paid in eight months. His licence has been suspended for 90 days and he is on probation for 12 months. BREACH OF PROBATION A Clinton woman spent a night in jail after obstructing police and breaching probation Oct. 17. Rebecca Weitzel was taken into custody after the vehicle she was in was stopped by police. The driver was a man that Weitzel had been told not to associate with as a term of probation. Also, when asked for identification by police Weitzel gave a false name. Her identity was eventually determined by police “after some delay” said O’Donnell. Weitzel had been convicted this year for possession of stolen property and failing to comply with a bail condition. Johnson said this recent arrest had motivated the accused to take the probation terms seriously. Taking into account the time spent in custody, Hunter placed Weitzel on 12 months probation. CAUSE DISTURBANCE Brian King of Kitchener pled guilty to two charges of causing a disturbance. On May 3 King was outside a Wingham residence yelling and knocking on the door. O’Donnell said the accused was intoxicated and continued misbehaving even after police arrived. “The indication was he was not going to shut up.” On May 16 King was asked to leave Listowel District Secondary School as he was not a student. O’Donnell said, that once outside King began to scream, swear and spit in the direction of staff. The accused has a record from 2005 for assault, uttering a threat and failing to comply with a probation order. “What’s your problem in life?” Hunter asked. “Anger I guess,” was King’s response. He was fined $250 on each count and given 90 days to pay the fine. King is on probation for 12 months and has been ordered to stay away from LDSS. THEFT UNDER $5,000 An RR4, Brussels man is rethinking the company he keeps after pleading guilty to theft under $5,000. Carl Procter, and two otheracquaintances, were accused ofstealing an ATV from an Ashfield-Colborne-Wawanosh propertysometime between June 3-15. O’Donnell said Procter was picked up by the other males who asked him to accompany them to the victim’s residence. The ATV was stolen from a locked shed. The investigation revealed Procter’s “complicity” said O’Donnell. The accused has no record. Johnson said the ATV had been recovered and Procter “wants nothing to do with” (the other two men) she said. Hunter suspended passing of sentence and placed Procter on 12 months probation. Repairs to the ATV cost $1,417. Procter has been ordered to pay one third of that amount, $475, within six months. FIGHTING What O’Donnell described as “quite a donnybrook” had two Wingham people facing charges for causing a disturbance. Melissa Robinson and Joe Matthews pled guilty. O’Donnell said the pair were among a number of patrons involved in ‘several fights’ which occurred at a Wingham pub in the early morning of Aug. 26. Matthews has a record from 2002 for obstructing police, failing to comply and assault. “I apologize,” said Robinson. “I’m sorry.” The two have been placed on probation for 12 months and ordered to stay away from the business. They have each been fined $100, which must be paid in one month. UTTERING THREAT A Brussels man pled guilty to uttering a threat to cause death and to assault. O’Donnell said that on July 29, the accused, Ryan Mawhinney, and the victim had been fighting. Angered by a comment the victim made, Mawhinney grabbed her by the throat and told her to say it again so he could kill her. She did and he began to choke her, O’Donnell said. Defence counsel said his client had been provoked and had had no history of violence prior to this. “This is not only his first offence but his last.” Hunter granted a conditional discharge and placed Mawhinney on 12 months probation. He is to have no contact with the victim and is prohibited from owning weapons for 10 years. PROBATION Stephen Appleton of Wingham pled guilty to assault. On July 21 the victim told policethat she had tried to get Appleton toleave her residence. She said he hadgrabbed her, pushed her down andyelled at her. Appleton has a 1996 conviction for assault. He received a suspended sentence and 12 months probation. He is prohibited from owning firearms for five years. ASSAULT Shane Dale of Blyth was charged with assault Aug. 29 and pled guilty Thursday. During a fight with the victim, he grabbed her by the cheek and pinched it causing a bruise. Dale has an assault conviction from 1996. Quinn Ross explained his client’s actions simply. “He lost his temper.” Hunter suspended passing of sentence and placed Dale on 12 months probation. He is to have no contact with the victim without her written consent. Dale is prohibited from owning weapons for five years. FAIL TO COMPLY Donald Williamson of RR3, Walton faced a charge of failing to comply with a probation order. He pled guilty. O’Donnell explained that on Jan. 20 Williamson was out past a curfew. Johnson said that the accused’s mother had been at work and couldn’t put permission in writing though she had given verbal permission. Williamson was fined $250. He has 60 days to pay. PAGE 12. THE CITIZEN, THURSDAY, OCTOBER 25, 2007.Court newsBus driver gets 45 days for driving while drunk fI wish to thank all of those who took the time to vote. Thanks to all the volunteers who helped and all the candidates. An election is an opportunity to pause, and have a dialogue on the issues which face us as a province. Now we must move forward. I wish to thank all the people of Huron-Bruce for their support. It is an honour and a privilege to serve you. Yours sincerely Carol Mitchell, MPP Huron-Bruce Estate & Succession Planning Solutions Seminar Thursday, Nov. 8 at the Lucknow United Church Soup & Sandwich Supper 6:30 p.m. $10 per person COMPLIMENTARY ESTATE BINDER Hosted by Nancy Ackert & Colleagues RSVP by Nov. 5 519-528-2222 1-866-396-8108 or nancy@nancyackert.ca