The Citizen, 2007-11-29, Page 18A Kitchener man is off the streets— and the sidewalks — for awhile. Despite repeated requests from hisdefence counsel for time to get hisaffairs in order, Frank Foucalt, began
a six-month jail sentence after
appearing in Wingham’s court Nov.
22.
After hearing the evidence and
Foucalt’s record, Judge R.G.E.
Hunter said the fact that the accused
was employed full-time was “not
going to sway me one iota.”
Foucalt pled guilty to driving with
over 80 mg of alcohol in 100 ml of
blood, to driving while his licence
was suspended and to impersonation.
Attorney for the Crown Perry Hill
said at 1:50 a.m. Jan. 3, 2004 police
in Wingham had been contacted
regarding a possible impaired driver.
When police caught up to Foucalt’s
car, he continued on for a time after
the cruiser lights had been activated.
He then made an abrupt turn onto the
shoulder of the road, said Hill.
Foucalt didn’t have a licence or
insurance and identified himself as
Frank John Cameron.
Both breathalizer readings were
140 mg of alcohol in 100 ml of blood.
Proper identification was made the
next day. It was determined that
Foucalt’s licence was under suspen-
sion.
Hill noted Foucalt’s “considerable”
record.
“There are seven convictions for
drinking and driving offences. At the
time charges were laid in this inci-
dent there were four, including a dan-
gerous driving conviction and failing
to provide a breath sample. “The Crown’s position is that aperiod of incarceration is called forand I would submit that there shouldbe some escalation each time,” said
Hill.
Defence counsel Lynn Johnston
said that the 2004 charges were ones
her client thought he had dealt with.
Having already appeared on the later
charges, “he is going to AA and try-
ing to get his life back together. Then
he’s walking down the street in May
and is approached by a police officer
who says there are further outstand-
ing warrants.”
Hunter was unmoved sentencing
Hill to six months for the over 80
charge and 30 days concurrent on
each of the other two charges for a
total of six months.
Foucalt is also prohibited from
driving for the rest of his life.
TIME SERVED
A Wheatley man pled guilty to
transportation fraud and failing to
attend court.
Danny Derbyshire was arrested
Jan. 16 after not paying a $135 cab
fare, for a trip from London to
Zurich. Then on April 27 he didn’t
show up for his day in Exeter court.
Hill said the accused had been in
custody for seven days adding this
was “sufficient” punishment for fail-
ing to appear in court.
Hunter ordered Derbyshire to make
restitution to the cab company.
DRIVING DRUNK
George Poortinga of RR2, Brussels
was fined $1,000 after pleading
guilty to impaired driving.
Hill said on Aug. 26 policereceived a tip regarding a possibleimpaired driver. After locating thevehicle, police followed it for a time,until it crossed the centre line and
turning into what turned out to be
Poortinga’s laneway.
In speaking with the accused offi-
cers noted a strong odour of alcohol
and signs of impairment. There was a
partially-full 750 ml bottle of
whiskey in a cooler in Poortinga’s
jeep.
Breathalizer readings were 203 and
185 mg of alcohol in 100 ml of blood.
Poortinga has 60 days to pay the
fine. He is prohibited from driving
for one year.
BREACH OF PROBATION
Failing to keep an appointment
with his probation officer has cost a
Wroxeter man $300.
Anthony Dillon, who pled guilty,
had been placed on probation in
Stratford court on May 31. He kept
appointments with probation officer
Deb Singer in June and September
but did not show up for the October
appointment, said Hill.
Duty counsel John Myers
explained that Dillon had lost track of
the date and was actually showing up
to attend on another day when he was
arrested.
Dillon has six months to pay the
fine.
DISTURBANCE
Jamie Needham of Wingham pled
guilty to causing a public distur-
bance.
Hill said the accused and another
man had been fighting in a local bar.
Needham also has a May, 2005
conviction for assault.
Defence counsel Mike Donnelly
noted that the co-accused had
appeared in court last month and was
given a $100 fine and 12 months pro-
bation.
Hunter gave the same judgement to
Needham, who has 30 days to pay the
fine. He must also stay away from the
bar.
ASSAULTLawrence Everett of RR3, Brusselspled guilty to two assault charges. Police were told that on Aug. 12the accused had grabbed the victim
by the back of her neck and squeezed.
During the investigation, it was noted
that there had been other incidents
involving a second victim. These
always occurred when Everett was
drinking, Hill said, adding that the
victim couldn’t remember dates, but
could recall the events in great detail.
“He has choked her, sat on her,
grabbed her by the throat and hair
and on one occasion, bit her on the
nose.”
Defence counsel said his client has
been receiving counselling for alco-
hol abuse and has signed up for the
relapse prevention program.
“He’s willingly doing what’s nec-
essary to resolve these difficulties.”
Hunter suspended passing of sen-
tence and placed Everett on 18
months probation. He is prohibitedfrom owning weapons for five years.DRUG POSSESSIONTwo men, in two separate casesreceived a conditional discharge and
six months probation after pleading
guilty to marijuana possession.
Dustin Bloechinger of Wingham
was charged Oct. 7 after police
stopped him in a RIDE check.
Federal Crown Mike Donnelly said
Bloechinger was arrested for drink-
ing and driving and taken to the sta-
tion. When he was searched by police
they found four grams of marijuana
in his pocket.
Myers said the original drinking-
related charge resulted in a 12-hour
suspension.
Michael Goulet of Simcoe was
arrested Sept. 27 after being stopped
in a RIDE check. He had a bag of
marijuana in his pocket and another
bag and rolled joint in the vehicle.
Neither man has a previous record.
PAGE 18. THE CITIZEN, THURSDAY, NOVEMBER 29, 2007.
North Huron council decided to
hold off on a recommendation
regarding ATV use throughout the
county at its Nov. 19 meeting.
Council went over their consent
agenda from their Nov. 12 commit-
tee of the whole meeting, deciding
to leave the recommendation out,
pending further research and sup-
port.
This is an issue that has shown
up often on North Huron’s agenda
and will now be delayed even fur-
ther.
The initial recommendation was a
request that Ontario amend the
Highway Traffic Act to develop a
consistent legislation for ATVs
throughout all of the province. In
addition, the recommendation also
pulled for Huron County to take a
leading role in this, as well as work-
ing with the local clubs to establish a
regulated trail system throughout the
county.
Councillor Archie MacGowan
called the current matching of
municipal bylaws regarding ATVs a
patchwork.
This is a concept that council
hopes to shop around the neighbour-
ing municipalities, going so far as to
assign a small committee from coun-
cil to get started on it.
Councillors Greg McClinchey,
Murray Nesbitt, James Campbell
and deputy-reeve Murray Scott vol-
unteered their services to the delega-
tion.
ATV recommendation on hold
for North Huron council
Court newsKitchener man loses his licence forever
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