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HomeMy WebLinkAboutThe Citizen, 2001-06-13, Page 14The 60 Day TumaroiRld Nothing defines the success of recycling like the beverage can because every one you recycle is processed into a brand new can in as little as 60 days! Aluminum soft drink cans are highly valued in your municipal recycling program. Don't let any get away! Please recycle. Sponsored by: The Citizen ocna MUNICIPALITY OF CENTRAL wpo HURON FOR MORE INFORMATION, CALL 357-1550, 887-6117, 527-0[60 or 482-3997 PAGE 14. THE CITIZEN, WEDNESDAY, JUNE 13, 2001. Court news Judge fines men $750 in drunk driving cases Two drinking and driving trials were held at the May 31 session of provincial court, Wingham. Judge Garry Hunter presided and found both of the accused guilty, fin- ing them $750 and suspend- ing their driver's licence, for one year. In both cases, lawyer Brian Starkman represented the accused and toxicologist William Robinson was an expert witness for the defence. FIRST CASE At 6:20 p.m on Oct. 20 of last year, Const. Russell Nesbitt of the Ontario Provincial Police stopped a vehicle in East Wawanosh Township, which he clocked at 138 kilometres per hour in a 90 kph zone. The driver identified him- self as Billy-Jo Mayer of Walkerton. There were sever- al occupants in the vehicle and the officer testified there was an odor of alcohol. Nesbitt said he observed that in addition to having the odor of alcohol, Mayer had blood- shot eyes and he had a "diffi- cult time" finding the owner- ship and insurance. Nesbitt issued a demand for a sample of Mayer's breath in a roadside screening device, which registered a fail. He was arrested for driving with over 80 milligrams of alcohol in 100 millilitres of blood and taken to Goderich for a breathalyzer test. Nesbitt tes- tified that at 19:25 (7:25 p.m.), Mayer was turned over to a breath technician to administer the breathalyzer test. In his argument, Starkman said the issues are "as soon as practical," , noting that Mayer registered a fail on the road- side breathalyzer at 18:32 and yet did not leave the scene until 18:56, calling the 24- minute gap "a substantial delay" at the scene. Crown Attorney Rod Guthrie explained the delay by noting that another investi- gation was going on at the scene. He also suggested that the machine which registered a fail for Mayer was not an approved device. However, the judge said he was satisfied that it is approved. DEFENDANT Mayer took the stand in his own defence. He said on the day in question, he and some friends left the Wescast plant at 2:45 p.m. and went across the road to Jag's Roadhouse. Mayer admitted to drinking four bottles of five per cent beer over three hours at the roadhouse and produced a receipt — obtained two months later from the bar — which listed four bottles of beer paid by cash. Mayer also admitted to speeding on the evening in question, saying he and his friends were heading to Clinton "to go to a guy's place". Robinson, a toxicologist, was recognized as a qualified expert in his field by the Crown and the defence. Based on average rates of elimina- tion, Robinson testified that Mayer would have had to have drank six to seven bot- ties of beer to obtain breatha- lyzer readings that he regis- tered, instead of the four bot- tles which he claims to have drank that day. In his summation, Starkman asked Judge Hunter to consid- er the bill presented as evi- dence as a "paramount issue". He also asked him to revisit the "as soon as practical" aspect, noting the "lengthy delay at the scene is not accounted for". Crown Attorney Rod Guthrie agreed that the bill is indeed an issue in the case, but noted the crown had no prior notice that it would be placed in evidence. Guthrie said it would have been helpful to have someone from the Roadhouse testify to interpret the bill and said he found it telling that there was not, nor did the defence call any witnesses to corroborate Mayer's story. "Credibility is the key," observed Guthrie. JUDGEMENT In his assessment of the evi- dence, Judge Hunter called it "straightforward. He is stopped for speeding after three hours in a bar, the offi- cer administers a test, he fails and is arrested." As for the time unaccounted for at the scene, the judge dis- counted that argument as the drinking and driving investi- gation was not the only one ongoing at the scene. "The evidence is that he (Mayer) had four beers and recalls it because it was a trau- matic experience...Two months later he goes back to the restaurant and gets the receipt; a receipt that is some- what nondescript at best." With no one in court from the restaurant to corroborate the bill, Judge Hunter said he put "little or no weight" at all to the bill as evidence and in fact, there was no evidence to show it was his bill. The toxicologist's evidence was not in dispute as it is based on standard parameters. The judge said Mayer had opportunity, spending three hours in the bar. He called into account the credibility of the accused, concluding, "I'm satisifed more beer was drank than was given credit for." NIGHT TO REMEMBER Nov. 11 of last year is a night that a Point Clark man says he will never forget. Just after midnight on Nov. I I, Const, Murray Foxton of the Wingham Police Service observed a vehicle parked in front of a pizza place on Josephine Street, but parked in the opposite direction to the flow of traffic. Foxton observed a man, later identified as Padrick Hedley of Kincardine' enter the vehicle and drive away with no back lights. The const. followed the vehicle, activated his lights and stopped the car near the Wingham cenotaph. Foxton said Hedley, the lone occupant of the car, exit- ed the vehicle. The police officer said he noticed a beer cap in the front and a full bot- tle of.beer. His partner, Const. Nolan, later seized two full bottles of beer and a fresh empty from the vehicle. Foxton formed a suspicion that Hedley had been drink- . ing. He made a demand for a roadside breathalyzer, which Hedley failed. He was subse- quently arrested for driving with over 80 milligrams of alcohol in 100 millilitres of blood and taken to the Wingham Police Service headquarters. Const.._Jeff Pollard of the Ontario Provincial Police, a qualified breath technician, was summoned to conduct the breathalyzer test on Hedley. In his observations, he said he could note a slight influence of alcohol on the accused, but added that Hedley was polite, cooperative and showed a directness and honesty which the officer found "refreshing". TESTIMONY In his testimony, Hedley, 45, said that on the day in question company arrived at his Point Clark home shortly after I p.m. Attending Hedley's home was his girl- friend of the time, a friend, as well as an acquaintance he had not seen in some time, Sandy Larley, who had called earlier in the day to say she was coming to visit. Hedley had one case of 24 bottles of beer, which was consumed over the course of the afternoon and early evening. He said he believed the case was consumed pretty much evenly among the four of them, but could not say with any certainty exactly how many bottles he con- sumed. Later Hedley and Larley went to his friend's home and picked up six bottles of beer and then proceeded .to Wingham where Larley was staying at the motel. He said they shared a bottle of beer on the way to the motel and he drank part of one at the motel before heading into Wingham to pick up a pizza when he was stopped by the police. He said he did not realize that any beer had been left in the car and explained he did not turn the lights on because he had never driven the car before. In her testimony, Larley said she did not believe that Hedley was impaired by alco- hol in the night in question. However, she did say that he could have had as many as nine bottles of beer in the afternoon. TOXICOLOGIST Robinson was called upon once again by Starkman to provide expert testimony. Based on Hedley's height and weight and an average rate of elimination, if he consumed six beers in the afternoon, his rate would be zero at 1:30 a.m. when the breathalyzer was administered. But Robinson did allow that anything from nine to 14 bot- tles of beer would have pro- duced readings of 130 mg, which Hedley produced. In assessing the evidence, Judge Hunter said that while he gave Hedley full marks for credibility, by his own admis- sion, "He really doesn't know how much he had to drink," observed the judge. He may have drank as many as nine bottles at the cottage before proceeding to the motel where he had more to drink enroute and at the motel. He found Hedley guilty, fin- ing him $750 and suspending his driver's licence for one year. Keep Your Kids Safe - Learn 1 t E_ , . 4709 First Aid Injuries kill more 1, children under 19 than all other causes of death i• combined. Call Red Cross for courses near you. UP Canadian Red Cross