First time offender fined heavily at Stettler court

A 19-year-old Botha man is facing stiff fines after pleading guilty to driving while intoxicated.

A 19-year-old Botha man is facing stiff fines after pleading guilty to driving while intoxicated.

Charles Moir was pulled over by RCMP around 1:30 a.m. on Sept. 27 while driving on Highway 12.

According to the facts read into evidence by the Crown, the driver alternated between driving the speed limit and well-above the speed limit, and was observed crossing the centre line into the oncoming lane on multiple occasions.

When the driver stopped, he was identified by his licence as Moir. The officer noticed “glossy and bloodshot” eyes. He was taken into custody and underwent breath testing to determine his intoxication.

The lowest of the readings revealed a blood intoxication level of 110/100ml of blood, well above the 80/100 allowed by law.

This is Moir’s first brush with the law, but the swerving into the oncoming lane as well as the rate of speed Moir was driving deserved an elevated fine, according to the Crown.

Daniel Wilson represented Moir, and disputed the rate of speed Moir was driving. He noted that as soon as Moir had full disclosure on the case he chose to plead guilty.

He is employed and lives with his parents, and was co-operative with police during the arrest. This mitigating factors should be considered during the sentencing, Wilson suggested.

Judge G.E. Deck had stern words for Moir.

“More than 90 people are killed annually in impaired incidents,” he told Moir, who stood silently. “You’re a young man. Hopefully you’ve learned your lesson and I won’t see you here again.”

Moir was handed a $1,200 fine plus victim surcharge and had his licence revoked for a minimum of 12 months as penalty for his inebriated driving.

Moir was not the only one to appear on alcohol-related charges. Michael Gavin, a 21-year-old Ontario man working in Alberta, was found passed out in his vehicle by police.

Police were patrolling when they noticed the vehicle parked on a service road, where it had not been earlier in the evening.

Concerned that the driver may be having vehicle problems, the constable walked over and found the driver passed out in the driver’s seat with a “considerable” amount of vomit on the central console.

The driver did not wake immediately when police knocked on the window but eventually woke up.

According to the Crown’s facts, the driver, identified by his licence as Gavin, smelled of alcohol and vomit. When exiting the vehicle, he moved slowly and unsteadily.

The keys to the vehicle were found on the driver’s seat, and when detained and brought to the station, Gavin was found to be intoxicated through the use of an intoxilyzer test.

The Crown noted it was Gavin’s first offence, but the extreme level of intoxication as evidenced by the test reading and the vomit were worrisome.

“Although he was not driving at the time…if Mr. Gavin had changed his mind and decided to drive, he would be putting himself and others at risk,” the Crown attorney noted.

Gavin pleaded guilty to the charge and surrendered his licence to Deck, as the Ontario licence had not been seized by police at the time.

According to the duty counsel, Gavin intends to return to Ontario and try to find work there.

“Not only is your ability to drive impaired, so it your ability to reason,” Deck told Gavin. “You could have come to and decided you were OK to drive.”

Like Moir, Gavin finds himself prohibited for a year from driving and is facing a stiff $1,250 fine plus victim surcharge.


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