The Citizen, 2017-04-20, Page 8PAGE 8. THE CITIZEN, THURSDAY, APRIL 20, 2017.
E -Bike operator guilty of driving while disqualified
By Shawn Loughlin
The Citizen
A Lucknow-area man has been
sentenced to 90 days of house arrest
after he pled guilty to driving while
disqualified in connection with an
arrest in July of last year.
In Wingham court on April 13,
Donald Lavoie of RR1, Lucknow
pled guilty to operating a motor
vehicle while disqualified after he
was pulled over by police shortly
after 10 p.m. on July 24, 2016.
Crown Attorney Jonny Melo told
Judge G.J. Brophy that an OPP
officer observed Lavoie driving on
Amberley Road after dark on an
e -bike without any lights.
The officer initiated a traffic stop
and Lavoie told the officer that he
was having trouble with operating
the bike's lights. During the traffic
stop, the officer detected an odour
of alcohol coming from Lavoie,
but a roadside test determined
that he was under the legal limit.
However, through further
investigation, Melo said, the officer
discovered that Lavoie was a
disqualified driver due to prior
convictions of driving while
impaired.
Melo told Brophy that both he and
the defence were presenting a joint
submission of a 90 -day conditional
sentence and no probation.
He also told the judge that due to
prior impaired driving convictions,
Lavoie is already subject to a
lifetime driving prohibition, calling
Lavoie's criminal record "fairly
robust".
Lavoie's attorney, Ben Scholten,
said that while the legal waters have
been somewhat muddied when it
comes to e -bikes on roads, Lavoie
does admit that he shouldn't have
been on the bike.
Brophy said that he had no choice
but to take into account Lavoie's
criminal record, which contained
over 20 convictions between 1973
and 2013, adding that some of the
offences were "of consequence"
involving violence and a number of
impaired driving and driving while
disqualified convictions.
Brophy concurred with the joint
submission and sentenced Lavoie to
a 90 -day term of house arrest, during
which he will only be allowed to
leave his home for the necessities of
life. Brophy also ordered Lavoie to
pay a victim fine surcharge of $100
within 90 days.
He also imposed a one-year
driving prohibition, which was
dictated by the Criminal Code of
Canada, despite the fact that Lavoie
is already under a lifetime driving
prohibition due to previous offences.
OVER 80
Jason Krotz of Gorrie pled guilty
to one charge of driving with over 80
milligrams of alcohol in 100
millilitres of blood after he was
arrested on Jan. 30.
Award winners
The Blyth Brussels Minor Hockey Association held its annual year-end banquet and awards
ceremony at the Brussels, Morris and Grey Community Centre last week. The event saw
awards presented to players including several memorial awards. The Dan Beuermann award,
presented to the most dedicated PeeWee players, went to Jackson McDonald -Inglis, absent,
and Brenna Walton. Above, from left, Walton, presenter Dave Stephenson and Coach Matt
White receiving the award for McDonald -Inglis. The Jeremy Austin Memorial Award, which
recognizes the most dedicated player on each Bantam team, was presented to Josh Plunkett
and Alex Coultes. Below, from left: Coach Jerry Zwep, Coultes, Plunkett and Coach Tim
Walden. (Denny Scott photo)
Krotz was first observed by police
when he was idling in a lane in
Howick. The police officer pulled
beside Krotz's vehicle and asked
Krotz if everything was alright and
Krotz responded that it was and he
had simply stopped to make a phone
call.
A few minutes later, the same
officer observed Krotz in the same
vehicle again. Melo said the officer
observed Krotz driving and then
slamming on the brakes of the car,
causing it to fishtail and nearly go in
the ditch before coming to a stop, a
claim Krotz contested.
The officer then pulled up next to
Krotz's vehicle a second time to ask
if things were alright once again and
Melo said Krotz only rolled down
the window slightly and said things
were alright.
After the officer asked Krotz to
roll the window down further, he
detected an odour of alcohol coming
from the vehicle. Further
investigation revealed several open
beer cans in the backseat of the car
within Krotz's reach, Melo said.
Melo said the officer also
observed that Krotz's eyes were
glassy and bloodshot and that he was
"fumbling" while speaking to the
officer.
Krotz agreed with the facts as
presented and pled guilty. Melo
suggested a fine of $1,300 for the
offence, saying that both the open
alcohol in the vehicle and a prior
conviction for impaired driving in
2001 should be considered
aggravating factors.
Brophy agreed that both were
concerning, but noted that the prior
conviction was over 15 years old
now and while it "exists" it was a
long time ago.
He imposed a $1,200 fine on
Krotz, which carries with it a 30 per
cent victim fine surcharge, which
brings the total amount of the fine to
$1,560. He gave him nine months to
pay the fine. Brophy also imposed a
nine-month driving prohibition on
Krotz.
FAILURE TO COMPLY
Scott Solomon of Wingham pled
guilty to one charge of failing to
comply with the terms of his
probation after being arrested on
Dec. 9, 2016.
Melo said police observed
Solomon walking on Josephine
Street in Wingham carrying a 12 -
pack of beer. Police stopped
Solomon, knowing him to be bound
by a probation order which
stipulated that he not consume or be
in possession of alcohol.
Solomon pled guilty to breaching
his probation.
Melo said the condition came as a
result of a number of drinking
and driving -related offences and
several charges of driving while
disqualified, with the most recent
conviction being in 2013.
He said that while Solomon had
been making progress by walking,
rather than driving at the time of his
arrest, he was still bound by a
probation order to not consume
alcohol and he broke that.
Melo said that alcohol has been a
"systemic issue" in Solomon's life
and that he needed to get help.
Brophy agreed, saying that
Solomon's alcohol consumption has
been a problem both for Solomon
and for society.
As part of his new probation order,
Brophy suggested that alcohol
counselling be part of Solomon's life
going forward. Brophy also imposed
a $100 fine on Solomon, giving him
90 days to pay.
FLIGHT FROM POLICE
Cory Clarkson of RR2, Gorrie
pled guilty to one charge of failing to
stop for police and one charge of
driving while under suspension
stemming from a police stop on June
11, 2015.
Melo said that an OPP officer
observed Clarkson driving a
motorcycle on the road in Huron
East not wearing a helmet and
attempted to pull him over. However,
as soon as the officer activated
the emergency lights on his
cruiser, Melo said Clarkson
"accelerated rapidly" in an
attempt to evade police and a chase
ensued.
During the chase, Melo said,
Clarkson eventually pulled off the
road, jumping a ditch and coming to
rest after unsuccessfully trying to
negotiate a trail beyond the ditch.
Clarkson disputed the claim that he
"jumped" a ditch, but did say that he
left the road in an attempt to evade
police.
Regardless, when Clarkson came
to a stop in the field, police
eventually arrested him, finding that
his driver's licence was suspended at
the time.
Clarkson pled guilty to both
charges, but sentencing was
postponed until April 27 in
Goderich.
Listowel
Wingham
HOSPITALS ALLIANCE
Enriching Life's Journey Together
CALL FOR NOMATIONS
Hospital boards are composed of a group of talented, engaged members
of our communities who have an interest in rural healthcare and expertise
in one or more of quality, communications, marketing, finance,
governance, law, health policy, strategic planning or recruitment. If you
would like to be part of a volunteer Board that will help forge the future of
acute rural health care in our communities please forward an expression
of interest including background information regarding your skills and
experience to C.E.O./Board Secretary, Karl Ellis, up to May 10, 2017. The
nominating committee will consider all submissions along with the
intentions of current directors who are eligible for re-election. Elections will
be held at the Annual Meeting on June 7, 2017.
The Listowel Wingham Hospitals Alliance is calling for nominations of
individuals who are interested in serving as a Director on the Board.
Directors are elected for a two year term and will serve as a director of the
Listowel Wingham Hospitals Alliance. Elected Directors must have a
strong interest in health care services and meet eligibility criteria as
defined in the corporations' bylaws.
For additional information, please contact Karl Ellis, President and
CEO, at 519-291-3120, ext.6221 or karl.ellis@Iwha.ca