The Citizen, 2009-09-24, Page 15THE CITIZEN, THURSDAY, SEPTEMBER 24, 2009. PAGE 15.Despite the Crown’s and thedefence counsel’s view that a 60-dayjail term was sufficient time for aman accused of driving while hisability was impaired, the judge felt
otherwise.
While Travis Chambers of Port
Elgin pled guilty, in Wingham’s
provincial court Sept. 17, to the
charge, laid July 13, 2008 what most
concerned Judge R.G.E. Hunter was
the fact that this was the third such
charge in three years.
This included a conviction on a
charge that post-dated the one he
faced Thursday. Defence counsel
Tim Macdonald said his client was
arrested for impaired driving in
September, 2008 and pled guilty to
that charge in March of this year. He
received 90 days in jail.
As well, Chambers was convicted
in 2006 of driving with over 80 mg of
alcohol in 100 ml of blood and in
2007 of driving while his licence was
suspended.
Regarding the July charge
Attorney for the Crown Teresa
Donnelly said that Chambers had
been driving an ATV on Brandon
Road in Belgrave, when he lost
control, ran up on the sidewalk and
into a retaining wall.
He received medical attention, and
two hours later was released from the
hospital and taken for breathalizer
tests, said Donnelly. The readings
were 190 and 180 mg of alcohol in
100 ml of blood.
Because of the delay, Donnelly
said a forensic analysis was done
which determined readings to be
between 185-230 mg of alcohol in100 ml of blood.Noting that the September arresthad been a “wake-up call” for hisclient, Macdonald asked Hunter to
consider a 60-day jail term.
“The bottom line is this is his third
conviction in three years and I can’t
ignore the fact that there was another
conviction in the interim,” said
Hunter. “He should probably be
looking at six months.”
Macdonald noted that if there
hadn’t been legal and medical issues
the July charge would have been
tried before the September one.
Donnelly added that at the time of
this offence, Chambers had only one
prior conviction. “When this
occurred he didn’t have an
aggravating charge.”
Hunter was unswayed, however,
and sentenced Chambers to 90 days
to be served intermittently. He is
prohibited from driving for three
years.
JAILED
A Blyth man convicted in June on
his fifth drunk driving related charge
since 1974, was sentenced to 90 days
in jail.
Macdonald, defence counsel for
Bruce Hetsler said that his client had
found himself in an “uncomfortable
situation” and in order to separate
himself from that made the mistake
of driving.
DRIVING DRUNK
Graham Cere of RR2, Lucknow
pled guilty to driving while impaired.
Donnelly said witnesses had
notified police about a possible
impaired driver on Amberley Road.The driver was reportedly swervinginto oncoming traffic and witnessessaid there had been numerous closecalls for headon collisions.
When police arrived they found
Cere in the car, which was parked on
a 45-degree angle partially blocking
the lane, said Donnelly.
She asked Hunter to consider a
sentence of 60 days, given the nature
of the driving, “which was
horrendous”.
However, as it was Cere’s first
conviction for drinking and driving
Hunter disagreed. He fined him
$2,000. Cere’s licence is suspended
for 12 months. He has three months
to pay the fine.
OVER 80
A police foundations student found
himself on the wrong side of law
enforcement after being arrested in
Morris-Turnberry, Dec. 14 for
driving drunk.
Bradley Burton of Wingham pled
guilty to having over 80 mg of
alcohol in 100 ml of blood while
operating a vehicle.
Donnelly said an OPP officer had
come upon Burton at 3:15 a.m. that
day, behind the wheel of a vehicle
that was stuck in snow on the road.
When asked Burton admitted he had
been drinking.
Breathalizer readings were 150
and 140 mg of alcohol in 100 ml of
blood.
Defence counsel Glen Carey said
that Burton, in his second year of the
police foundations course, had no
plans to drive that night. “But when
the plans fell through, he was thebest of the lot and a poor decisionwas made.”Burton was fined $1,000, and hashad his licence suspended for 12
months.
CARELESS DRIVING
Ken Logtenberg of RR3, Goderich
pled not guilty to over 80 but guilty
to careless driving and to obstructing
a police officer.
Donnelly said that at 2:30 a.m. Jan.
12, 2008 an officer on patrol in Blyth
stopped a pickup after it failed to
signal for a left-hand turn. After
failing the roadside test, Logtenberg
was taken out of the cruiser to be
searched. When the officer attempted
to return him to the cruiser, said
Donnelly, Logtenberg resisted.
Carey, representing the accused,
noted that there had been no physical
resistance against the officer.
Hunter fined Logtenberg $500 on
each charge and placed him on three
months probation during which he is
not to drive a vehicle except for
employment.
He was given 30 days to pay the
fine.
ASSAULT
Shannon Hunter of Peterborough
pled guilty to assault.
Donnelly said that on Nov. 16, the
accused had visited a North Huron
residence and when the victim tried
to stop her from entering, she hit
him, breaking his glasses. Donnelly
said the victim also sustained a small
cut on his nose.
The accused, the Crown said, then
complained to police that she had
been the one assaulted. “They notedshe was quite erratic in herbehaviour,” said Donnelly. The judge granted the woman aconditional discharge and placed her
on 12 months probation. She has
nine months to make restitution in
the amount of $169 for the glasses.
She is also prohibited from owning
weapons for five years.
A YEAR TO PAY
A Fordwich man has been given a
year to get his fines paid and replace
the milk he shoplifted.
Chauncey Bolander of Fordwich
pled guilty to theft under $5,000. He
also had some unpaid fines of $400
to answer to, for which he said he’d
serve time.
Donnelly however, felt some
background was necessary, regarding
the accused’s health. Bolander, she
said, had heart surgery and now had
a pacemaker. “His probation officer
said she believes his health problems
are directly related to drug
addictions.”
Regarding the theft, on Oct. 19 at
11:30 a.m. a store employee
contacted police to say that
Bolander, whom she knew, had
shoplifted.
“At least he was taking milk,” said
Hunter before suspending sentence
on Bolander and placing him on a
year’s probation. He also gave him
that length of time to get his fines
paid.
“You’ve got 12 months to pay or
you may have some problems.
Another 12 months or you’re looking
at five days.”
Court newsMan gets 90 days in jail for driving drunk
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