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HomeMy WebLinkAboutThe Citizen, 1997-03-26, Page 21PAGE 22. THE CITIZEN, WEDNESDAY, MARCH 26,1997 Man loses care and control argument in court If the car is running and the lights are on it's hard to prove you're not going to drive home. A Wallenstein-area man appeared in Wingham provincial court, March 20 to fight charges of having care and control of a vehicle while having more than the legal limit of alcohol in the blood and care and control of a vehicle while impaired. David DeFrancesco was charged Oct. 5, after police found him parked at the side of Hwy 4 in Bel­ grave in the early morning hours. Attorney for the Crown Alan Mill called Const. Lincoln Dinning as the first witness. The officer tes­ tified that the van was sitting with the headlights on, the right signal flashing and the engine running. DeFrancesco was sleeping behind the wheel with the window down four to five inches. The constable said he tapped on the window and after a few seconds DeFrancesco awakened. It took some time before he noticed the officer. Dinning said when the accused stepped out of the car he was unsteady on his feet, there was an odour of alcohol, his eyes were bloodshot and his speech slow. A six pack of beer, containing five Spot check nabs impaired driver A spot check landed a Belgrave area man in court last week. Ken Marks, RR1, Belgrave appeared before Judge R.G.E. Hunter in Wingham, March 20, and pled guilty to driving drunk. Attor­ ney for the Crown Alan Mill said Marks had been stopped Oct. 20 in Morris Twp. and after the officer noticed a strong odour of alcohol. White lie proves costly Wnen the police catch you in the act, honesty is the best policy. That was the lesson for a former Bluevale-area resident. In provin­ cial court, Wingham, March 20, Attorney for the Crown Alan Mill said that Joseph Chadwick, 27, now of Goderich, was stopped by Wing­ ham police for speeding. When asked for his license, Chadwick told them it was at his home, then supplied them with his brother's Woman pleads guilty to over 80 A Kitchener woman is off the road for a year after pleading guilty to drunk driving in Wingham's provincial court, March 20. Tracey Phillips was pulled over in Grey Twp., on Dec. 28 by a police officer who noticed her driv­ ing erratically. After yelling at the officer, "Okay, you got me. Take me in.", the officer complied, Man fined for bad driving Some bad driving cost a former Belgrave man $500, after appearing in Wingham provincial court, March 20. John Hewitt, now of Chatham, was charged with careless driving following an accident on Hwy 4 in East Wawanosh Twp. on July 13. Attorney for the Crown Alan Mill said Hewitt had been travelling north when he crossed the highway, hit a rail fence then crossed a pri­ vate drive before hitting a culvert. empties and one full boule was in the car. After arresting him, Dinning took the accused to Wingham for a breathalizer. He also conducted an alcohol influence report, which he said DeFrancesco executed perfect­ ly. "He was polite and co-operative through the entire procedure," the officer told Judge R.G.E. Hunter. Defense counsel argued that Const. Dinning did not have rea­ sonable probable grounds for mak­ ing the arrest. As the symptoms first noted could have been associ­ ated with waking from a deep sleep, he said, the officer did not have cause to make an arrest. Din­ ning admitted that as time passed, the accused seemed to handle him­ self better, but he still believed the earlier behaviour was less from sleep than from intoxication. "Can you think of any other rea­ son why those symptoms disap­ peared (as he became more wakeful)?" defense asked. Dinning replied that many factors could cause someone to sober up, particu­ larly when they have a police offi­ cer standing next to them and they are being arrested. Defense argued that a roadside test can't be done on suspicion that admitted to having been drinking. He was taken to the Clinton OPP detachment for a breathalizer test. The readings were 180 and 170. As Marks runs two farms he has been prohibited from driving farm machinery for just three months, though he is suspended for 12 months from driving on a roadway. He was also fined $750. birthdate. Further investigation showed that Chadwick's license was suspended for unpaid fines, which have since been paid. Duty counsel John Myers said Chadwick was sorry for the trouble he had caused and apologized to the police and the court. He was fined $400 for mischief and $200 for driving while sus­ pended. Attorney for the Crown Alan Mill told Presiding Judge R.G.E. Hunter. Breathalizer readings were 240. Defense said that the circum­ stances were a little different in this case as there had been a disagree­ ment, which resulted in his client getting behind the wheel. Her com­ mon-law spouse referred to her actions as "not in her nature", defense said. In addition to losing her license she was fined $750. AS an individual has been drinking. "You should wait after waking someone before making a demand (for a roadside test), otherwise the demand is precipitous," defense said. The fact that there were empty beer bottles in the car showed that there had been consumption, but did not necessarily prove impair­ ment, he noted. Mill added, however, that the other factors, such as the odour on the accused's breath, increased the possibility. Hunter agreed that there was enough evidence for the officer to make the demand. "The fact that the grounds may have been wrong eventually doesn't take away from the initial finding." When the accused took the stand he said that he had just desperately needed sleep after a long day of work. He wanted to get home, but knew he had to stop, so pulled over. He explained the car running as a way to keep warm, while the window being open was for fresh air. He left his headlights on, he IsianaO aril bns biswB io! biswA agbafwonH .Jnamavairiofi gnibnslaiuo b baJqaoas asri yadlab maribioU 1b noilieoq .oinoioT ni raoaalaT uoy lo buoiq ats aW .bfiG briB (noM bnB saibnA lalaia noiloa smbnBiO said, so passing traffic would know YaiftaL oi anobfikj)£igno3 rfjadfixiI3 bns tiadoH lo noe bfiB nfirnwoa (noiloa) yriioioG to noebosig aifil arii bns noiloa (irigiiW) inaaai aid no noiloH ailaad oibfiJl mod noilEubfii§ aid riiiw fibensO lo agalloO aainoiiaalS sujonoH eninoiiaatS amonoH i . iatgoIonHoaT I .3.3.3.1 aril baviaoai yaiiteL£ 1997BUSINESS REVIEWS “Information Directory INTERNATIONAL TRUCK CENTRE (1991) INC SERVING TRUCKERS THROUGHOUT THE REGION Airport Rd., Goderich 524-7379 Parts 524-7389 BLUEWATER TRUCK CENTRE (1991) INC. represents a substantial truck service that has established a dependable business record in sales, service and parts supplies. 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In defense's summation, he again said that the testimony rebuts the issue of care and control as his client said he had no intention of driving. "It is up to the Crown to prove care and control beyond rea­ sonable doubt." Defense also said that the 120 breathalizer readings showed his client was not so intoxi­ cated that he would present a dan­ ger. Mill argued, "He could have woken up two minutes later and driven off. And he was clearly over the limit." Defense then presented a case copy stating that the possibility of driving is insufficient evidence. People, he said, should not be deterred from pulling over when they think they might be impaired, for fear they will be charged with care and control. "In this case, he's Come & Go Tea for Gerald & Gerrie Exel in honour of their 60th Wedding Anniversary Monday, March 31st at Melville Presbyterian Church from 2 - 4 p.m. Best Wishes Only done the responsible thing." Judge Hunter, however, said he didn’t believe DeFrancesco had done anything to refute the pre­ sumption that he was going to drive. "He was still in the driver's seat, the engine was running, the indicator light was running, though no explanation as to why has been given. " He also noted that the engine running for warmth while having the window down was a contradic­ tion. Finding DeFrancesco guilty, he suspended his license for 12 months and fined him $750. Defense asked that as his client works on construction he be per­ mitted to drive machinery on site after three months. Mill argued he had heard of this being allowed for farmers, but not in a case such as this. The request was denied. KEN AND DORIS FISCHER and family invite you to celebrate with us in honour of our 50th Wedding Anniversary Friday, April 4th, 1997 8:30 p.m. -1.00 a.m. at the Brussels, Morris & Grey Arena To make their evening a special occasion in lieu of gifts we would appreciate a monetary donation or a non- perishable food Item for the Huron County Food Bank. Please accept this as your personal Invitation