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HomeMy WebLinkAboutThe Citizen, 2002-10-23, Page 17MeNERCHER CONSTRUCTION LTD. R.R. 2 Bluevale • LICENSED SEPTIC INSTALLATIONS • SCREENED & FIELD TOPSOIL • BARK MULCH • SAND • GRAVEL • FILL • BACKHOEING • BULLDOZING • EXCAVATING • LOADING & HAULING Give us a call 887-9061 Fax 887-9999 f THE CITIZEN, WEDNESDAY, OCTOBER 23, 2002. PAGE 17 Man gets 4 months in jail for drunk driving An RR4. Goderich man was sentenced to four months in jail after pleading guilty in Wingham's provincial court Oct. 17 of driving with over 80 mg of alcohol in 100 ml of blood. According to Crown Attorney Bob Morris, Donald Ray Kernaghan was charged Oct. 13 in North Huron. He was pulled over by officers who noted signs of impairment and an odour of alcohol. Admitting to having had a few drinks, Kernaghan took the roadside test which he failed. At the police station breathalizer readings were 210 and 205 mg of alcohol in 100 ml of blood. His related record was presented to Judge Garry Hunter. Defense counsel noted that while the 44-year-old did have " a record of significance", the last related matter was in 1996. Also Kernaghan has not been drinking since the arrest, he said. Because of this as well as considering the early plea, defence asked Hunter to consider a shorter term than the possible six months maximum. In addition to the jail term, Kernaghan's licence has been suspended for three years. Found guilty Failing to supply a breath sample has landed an RR1, Ethel man in jail. Hunter found Allan D. Stokes guilty of the charge after hearing evidence at a trial. Const. Mark Fraser testified that he had just begun his shift when a call came in - regarding a possible impaired driver in Wingham. The informant had advised police that the accused had been "all over the road" and at one point had driven into a snowbank. When Fraser caught up with the vehicle it was being backed into a walkway in front of a house. Fraser detected an odour of alcohol on Stokes and described him as exhibiting signs- of impairment. "Ho appeared unsteady on his feet," he said, adding that when Stokes threw his cigar on the ground and tried to stomp it out "he missed it by at least a foot." Stokes admitted to the officer that he had been drinking earlier in the day. A demand for a breath test was read to Stokes. On the first attempt, said Fraser, Stokes "was not blowing at all. The officer warned this was illegal and Stokes could be charged. In a secondattempt Stokes blew for two seconds and quit. On the third attempt, Fraser noted the accused was "obviously trying to blow the least amount of air he could." The constable warned StokeS this would be his last chance. With the fourth attempt, however, Stokes made "no attempt to provide a sample," said Fraser. The officer said the accused appeared fit enough with no obvious breathing problems and didn't mention any. Morris questioned Fraser on the amount of time required for a sample. The officer stated it would have to be seven seconds of direct, continuous breath. In Stokes' case, Fraser said, Cell phone stolen On Oct. 11 at 7 p.m. a theft was reported from a vehicle in Brussels. The victim told police that a vehicle parked behind Radar Auto Parts located on Turnberry Street was left unlocked and a person entered the vehicle and stole a black cell phone. Anyone who can help in solving this theft is asked to call the local OPP or Crime- Stoppers.. one•try was not long enough to make a proper analysis while the others were "not even attempts." In cross-examination Defense Counsel Mr. Starkman confronted the officer with the fact that the screening device, was not in his cruiser. Fraser admitted that, saying he had to take Stokes back to the police station to get the device out of the other cruiser parked there. "Yet nothing in your notes indicates this, nor where it was that you read the demand." Fraser responded by saying that it was a short distance hack to the station from where he first found Stokes, so he felt it wasn't significant. , Prior to putting his client on the stand Stokes cited a case from 1988 to Hunter suggesting that evidence to prove the officer is qualified to use the roadside test had not been presented and should be. "This means a lot of power is given to an officer to base art offence on opinion." Hunter pointed out that the type of equipment used today was different than what had been used in 1988. Morris countered Starkman's comments saying Fraser had calibrated and tested the' machine as well as indicated to the accused what was required. "With all of that I think the court can see the officer was qualified." In his testimony the 57-year-old accused blamed the "weak" samples on emphysema. "I blew as hard as I could." Starkman mentioned a previous conviction for drunk driving from 1998 and asked Stokes why he could provide a sample then. Stokes said his condition had worsened over the years. ' During cross-examination Stokes said he had no difficulty remembering the events of the day, did not believe he was under the influence of alcohol while driving and to his mind was not driving erratically. Though Stokes had said the officer didn't read the demand to him until they had gone to the detachment, Morris . suggested that the demand was read when Fraser had first stopped the accused. "I'm not sure if he did or didn't then. I- know he did at the station," said Stokes. The absence of a doctor to present evidence on the accused's health problems was noted by MOITiS. In summation, Starkman argued about where the demand had been read, noting that there was reasonable doubt it had been made at the time of the arrest. "I would have thought this to be the most important thing for the officer to note." However, Hunter said in using the officer's notes, which claim a minute had passed between stopping the accused and reading the demand, that the officer's testimony was believable. "What lends credence to the officer is the time." Adding that there was no medical corroboration of the accused's emphysema, Hunter found him guilty of intentionally failing to provide a breath sample. Stokes was sentenced to 14 days to be served on weekends. He is also off the road for two years. Impaired A North Huron man pled guilty to three charges from Feb. 9. Morris said David Paul James was stopped in Mount Forest after OPP acted on information received regarding a possible impaired driver. James showed signs of impairment, swaying and using the truck for support while he stood. According to Mdrris, the accused .was unable to provide proof of insurance. Searching the car, officers found an opened 341 ml container of beer near the driver's seat as well as a "roach". It was determined that James was impaired by drugs. Breathalizer readings for alcohol consumption were low. The only record was a 1999 conviction for drug possession. He was fined $600 for the impaired, $58 for no insurance and $58 for liquor in the vehicle. He was given six months to pay. ' James' license was suspended for 12 months. Drunk driving Derek Passmore of Brussels pled guilty to driving with over 80 mg of alcohol in 100 ml of blood. Morris said Passmore was stopped by police on Aug. 18 in Huron East. He showed signs of alcohol consumption and there was open liquor inside the vehicle. Failing the roadside test, Passmore was taken to the station where breathalizer readings were 130 and 120 mg of alcohol in 100 ml of blood. Defense counsel noted that his client had entered a guilty plea early and requested the minimum fine. Passmore was fined $750 and is off the road for one year. He has four months to pay the fine. Fined Bruce Ruttan of RR1, Gorrie pled guilty to careless storage of a firearm. According to Morris, an individual at the accused's home, had become angry over a telephone conversation. He grabbed the key for the trigger lock of the rifle from above the fridge and threatened to use it on this person. Duty Counsel John Meyers said the 47-year-old believed he had made an attempt to store the gun correctly, but was careless in where he put the key. Meyers noted that it was Ruttan who contacted the police over the situation. Stating that it "could have been tar more serious", Hunter fined the accused $300. He cautioned Ruttan to "hide the key in the future." Obstructing police JoSeph Matthews of Wingham pled guilty to a charge dating back to Jan. 1. Morris said that officers were attempting to break up a fight when the accused tried to intervene forcing his way between the police and the men. Myers said that while it was no excuse, the 21-year-old had been drinking at the time. He submitted a letter from Matthews' employer reflecting his positive attitude and good work habits. Hunter fined Matthews $300 and placed him on 12 months probation. He has 90 days to pay. Cannabis production A Blyth man was fined $200 after pleading guilty to a charge of cannabis production. Federal Crown Mike Donnelly said Brian Sutherland was arrested after police executed a search warrant at his residence on March 30. Officers found two marijuana plants under a grow light. Sutherland, Donnelly said, had a prior narcotics conviction from 1997. The 38-year-old is also prohibited from owning weapons for 10 years. Sexual assault A young RR3, Teeswater man entered a guilty plea regarding a sexual assault which occured Jan. 8. The victim statement explained she had skipped classes at her high school and went to a residence in North Huron. While there, one boy put a hand on her breast and she warned him he would be charged. According to Morris, a second boy, ,nrog rrt4, '7144 'TAR UNTIL YOU ARE DEAD Steven Truscott has asked his case be reviewed. Read the latest evidence in his defence. $37.95 2 404 Queen St., Blyth 523-4792 1:11: :4' rt. -now AC AC Darryl Kennedy then did the same thing, also touching the lower part of her body. Defense Counsel Donnelly said this was extremely out of character for the 20-year-old, who has never been in trouble. While Kennedy admits the assault, the victim walked back to•school with him later that day and has tried to contact him since, Donnelly said. • Hunter granted a conditional discharge and placed him on 12 months probation. Kennedy is to have no contact with the victim. He is also prohibited from owning weapons. for five years. Stolen property Chadwick Hall of RRI, Clifford pled guilty to possession of stolen property under $5,000 and to using a forged document. Police stopped Hall for speeding and during the investigation it was determined that the licence plate on the vehicle was stolen and also that Hall had forged a bill of sale for the vehicle. The 25-year-old brought -letters of reference which indicated the action had been out of character. He was given 'a conditional discharge and placed on 12 months probation. ar 7.14.• ,.141/ GHOST TOWNS OF ONTARIO Vol. 1 &Vol. 2 Ron Brown rediscovers vanished communities including Sunshine, Bodmin and Newbridge. $19.95 r\I 541 Turnberry St., Brussels 887-9114 1.73. Generous donation Carol Campbell, left and Kathy Procter gratefully accepted a donation from the Brussels Lions. The organization gave $1,000 to Wingham and Area Palliative Care. Lions President Ron Clarkson presented the cheque. (Janice Becker photo) Check out these Spook-tacular Books 1k. 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