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Court news Man fined $1,000 for driving drunk An RR1, Fordwich man pled guilty in Wingham provincial court, Feb. 21 to impaired driving. Attorney for the Crown Frank Cameron said police were called Aug. 11 to the scene of a single vehicle crash in Howick. There they found Steven Smith, 35, sitting in a chair, covered in a blanket, being tended to by a witness. A car was on its side in a ditch. Numerous beer bottles were lying broken on the ground, having apparently come from the trunk, said Cameron. A witness told police that he had followed Smith's vehicle for quite some time suspecting that the driver might be impaired. At no time, the witness said, did he see the accused drink. Cameron said Smith did not want to be taken to hospital. He was put into the cruiser where officers detected an odour of alcohol. They had earlier observed other signs of impairment. Breathalizer readings were 260 and 280 mg of alcohol in 100 ml of blood. Smith has no previous record. Told by Duty Counsel John Myers that the accused worked full-time and would "obviously need a ride to work," Judge Garry Hunter, considering the high readings and the crash, countered, "He's lucky if it's a ride to work he's getting." In the end Smith did not get jail time, but was fined $1,000 and placed on 12 months probation, the conditions of which include counselling. He was given 90 days to pay the fine. Smith is also off the road for a year. Over 80 Jason Brewer of Wingham pled guilty to charge of over 80 mg of alcohol in 100 ml of blood. On July 28 Brewer was stopped by police in Wingham at 2 a.m. He admitted to having consumed a few drinks and after failing the roadside test was taken to the detachment where breathalizer readings were 120 and 110 mg of alcohol in 100 ml of blood. He has no record. Hunter gave him 90 days to pay the $750 fine. He is prohibited from driving for 12 months. Assault John Matekovic, RR5, Brussels pled guilty to assault and to a charge of failing to comply with a probation order. Cameron said that on Oct. 21 Matekovic and the victim had been arguing. He shoved her several times with both hands, then shoved his chest into her chest. He also pushed her into a mirror. The victim, Cameron said, sustained minor injuries. Upon investigation, police learned Matekovic was on probation for a domestic assault. The only related offence was an assault conviction from November 2000. The 34-year-old is now living with his mother and "things are going well," said Myers. Most notably, "is the lack of any alcohol during this time," he added, "something he considers to be a major factor in what occurred." Matekovic is "amenable" to anger management and alcohol counselling, said Myers. Hunter fined him $400 for the assault and $200 on the breach. Matekovic is on probation for 12 months, during which he must take counselling, and is prohibited from owning any firearms for five years. He was given six months to pay the fine. Suspended sentence Having read the pre-sentence report for a Kitchener man, who pled guilty to assault in the December court, Hunter suspended sentence and placed Steven Ward on probation for 18 months. In presenting the report, Myers called the incident "quite out of character" for the 35-year-old, and arose out of a situation of "ill- mannered conduct of the 15-year- old victim and a level of frustration" for Ward. There was also alcohol involved. During probation, Ward must take counselling. He is also prohibited from owning any firearms for a period of five years. Common assault An RR2, Blyth man pled guilty to a lesser charge of common assault and a charge of breach of proba- tion. Cameron said the complainant had been visiting Raymond Law for three days when they had an argument. They had both been drinking. According to Cameron, Law hit and pushed the victim. She left the house and went to a neighbour's to call police. Law followed and once there claimed he had been the victim. This incident occurred on July 23. On June 21 Law had been arrested for impaired and as a result of a conviction for this was not to consume alcohol for a period of one year. The only previous assault was 11 years earlier. Tim Macdonald, counsel for the accused, said the 41-year-old and the victim had a "volatile relationship. She had been violent against him in the past," he said adding that Law had "suffered some injury that day." Also, Macdonald said, Law realized "he shouldn't have been drinking that day." He stated that the probation officer had already told Law he must take counselling or he will be in breach. Hunter suspended passing of sentence and placed Law on 18 months probation. There is also a five-year weapon prohibition. Law was fined $200 on the breach charge. He was given 60 days to pay. Impersonate Luis Melo, formerly of Listowel, was charged April 16 after falsely identifying himself to a police officer. He pled guilty. Cameron said Melo had been stopped for not wearing a seatbelt and unable to provide a valid driver's license, gave a false name to the officer. Myers said the 24-year-old made a "spur of the moment decision that was obviously wrong." He was fined $300 and given six months to pay. Pre-sentence report A pre-sentence report is being prepared for Adrian Droog, RR3, Durham, who pled guilty to a charge of common mischief. The charge from April 18 was laid in connection with a camera being placed in the complainants' bathroom. Guilty plea In a drunk driving case, defense counsel Glen Carey asked for an adjournment after Hunter refused to ignore his client's history. Jeff Good of Wingham pled guilty to-a charge of over 80 from March 23. Good had been stopped in North Huron, and showing visible signs of impairment was given the roadside test which he failed. Breathalizer readings were 190 and 180 mg of alcohol in 100 ml of blood. Carey's argument began when Hunter asked if there was a record. Cameron stated Mat Good had been convicted of care and control in Listowel in 1998. It had been a first offence and he served seven days in jail. While the Crown stated they weren't relying on the record, Hunter noted that the most recent conviction was within five years. Carey said that if Hunter was going to consider that he wanted his client's plea struck. Hunter refused saying, "When I'm asking for a record, I expect to be told. I 'find it offensive that the Crown would not tell me. I'm not saying 'Are you relying on the record?', I'm saying 'Is there a record?". Noting that the incarceration for the first offence was not procedure in Huron, Carey asked Hunter to consider, "in terms of totality" that leaving the record out was a "fair method of dealing with this. That was part of the nature of the discussion with the Crown," he said, in explaining his client's guilty plea. Hunter asked Carey if he wanted to have some time to gather some case law on this. "Absolutely," counsel responded. The matter was adjourned until March 21. Peace bond Ernest Albert of Wingham entered into a peace bond for a period of 12 months. Business Director`