Windsor Court Report

Jail, probation for breathalyzer offense

The court has jailed a Falmouth resident and imposed a probationary term on her for having care and control of a motor vehicle while her blood-alcohol readings exceeded the legal limit.

In Windsor provincial court Monday, April 21, Judge Claudine MacDonald sentenced Teresa Marie Harvie, 45, to 14 days in custody and imposed a term of one-year probation on her for the offense.

The court had already imposed a two-year, Canada-wide driving prohibition on Harvie when it found her guilty of the charge Jan. 14.

The ban will be at least matched by the Nova Scotia Registry of Motor Vehicles.

Harvie committed the offense in Windsor July 21, 2007 when police found she had blood-alcohol readings of 240 and 240 milligrams of alcohol per 100 millilitres of blood – three times the legal limit of 80 mg/100 ml.

As well, the Criminal Code of Canada allows heavier penalties for those breathalyzer offenses in which readings exceed 160 mg/100 ml, or the presence of other aggravating factors.

Probation for assault

Falmouth resident Jeffery Ryan Allen, 19, pleaded guilty Tuesday, April 22 to assault.

Judge MacDonald suspended sentencing on Allen for the conviction and imposed a term of 18 months’ probation on him. She also prohibited him from possessing firearms for three years.

Probationary conditions include Allen taking any recommended assessment, counselling or treatment; refraining from contacting or communicating with the victim; and bans on possessing or consuming alcoholic beverages or non-medically prescribed drugs.

Allen committed the assault at Martock Oct. 7, 2007.

Readings result in fine

Windsor resident Stephen Everett Hill, 44, pleaded guilty April 22 to having care and control of a motor vehicle while his blood-alcohol level exceeded the legal limit.

Judge MacDonald fined Hill $900 plus a $135 victim surcharge, or 17 days in custody on willful default. She also prohibited him from driving in Canada for a year, a ban the Nova Scotia Registry of Motor Vehicles will at least match.

Hill committed the offense in Halifax Feb. 29 when police found he had blood-alcohol readings of 150 and 140 milligrams of alcohol per 100 millilitres of blood.

The legal limit is 80 mg/100 ml.

Fined for breathalyzer, drug offenses

Halifax resident Chad Keith Davidson, 29, pleaded guilty April 22 to driving while his blood-alcohol level exceeded the 80-mg/100-ml limit and to possession of cannabis marijuana, a Schedule II drug under the Controlled Drugs and Substances Act (CDSA).

For the breathalyzer offense, Judge MacDonald fined Davidson $850 plus a $127.50 victim surcharge, or 16 days in custody on willful default, and prohibited him from driving in Canada for a year, a ban the Registry of Motor Vehicles will at least match.

The judge also fined Davidson $200 plus a $30 victim surcharge, or three days in custody, for the CDSA conviction.

Davidson committed the offenses in Rawdon Jan. 27.

Probation, restitution, fine for offenses

South Rawdon resident Michael Ryan Fougere, 23, pleaded guilty April 22 to committing mischief, causing a disturbance at a public concert venue, and failing to attend court as ordered.

Judge MacDonald suspended sentencing on Fougere for the mischief and disturbance convictions, imposed a term of six months of reporting probation and ordered him to pay $285 in restitution.

She also fined him $100 plus a $15 victim surcharge, or a day in custody on willful default, for the failure to attend.

Fougere committed the mischief and the disturbance in Windsor Aug. 5, 2007 when he damaged a police car. He failed to attend court in Windsor Sept. 4.

Carelessly discharged firearm

Judge MacDonald suspended sentencing on Greenfield resident Claude Ambrose Paige, 38, on a conviction of firing a firearm in a careless manner and imposed a term of two years’ probation on him.

The judge also imposed a 10-year firearms possession ban on Paige and forfeited the weapon.

Paige committed the offense in Greenfield Aug. 19, 2007.

Fine, probation for indecent exposure

Brian Joseph Young, 26, of no fixed address, pleaded guilty April 21 to indecently exposing his genitals in order to insult someone.

Judge MacDonald fined Young $300 plus a $45 victim surcharge, or five days in custody on willful default.

She also imposed a term of 18 months’ reporting probation on Young. Probationary conditions include taking any recommended assessment, counselling or treatment; refraining from possessing or consuming alcoholic beverages or non-medically prescribed drugs; and having no contact or communications with the victim.

Young committed the exposure in Windsor July 27, 2006.

Probation for assault, taxi fraud

Wolfville resident Andrew James Connors, 20, pleaded guilty Monday, April 21 to assault and to fraudulently obtaining taxi service.

Judge Claudine MacDonald suspended sentencing on Connors for the offenses and imposed a term of one-year probation on him.

Connors committed the assault at Martock Oct. 23, 2006 and the transportation fraud in Windsor March 14, 2007.

Stole from service station

Milton, Queens County resident Michael David Laing, 29, pleaded guilty April 21 to committing theft from a service station.

Judge MacDonald sentenced Laing to one day in custody, deemed served by his court appearance.

Laing committed the theft at a Windsor service station Oct. 13, 2007

Breached undertaking

Windsor resident Michael Joseph Dawe, 42, pleaded guilty Friday, April 18 to failing to comply with a court undertaking.

Judge Alan Tufts sentenced Dawe to one day in custody deemed served by his court appearance.

Dawe committed the breach in Windsor between April 10 and 14 when he contacted a specific person without going through legal counsel as ordered.

Granted conditional discharge

Judge MacDonald granted Windsor resident Nicholas Jessie Arnold Flynn, 19, a conditional discharge April 22 on a charge of committing mischief. The discharge is pending 12 months of reporting probation.

The charge stems from an incident in Windsor in which a door, window, radio and other materials were damaged.

Flynn pleaded guilty to the charge April 22.

Convicted automatically

Judge MacDonald convicted automatically South Uniacke resident Robert Dennis Mackenzie, 41, April 22 on a charge of driving without the required liability insurance by second conviction, contrary to the Nova Scotia Motor Vehicles Act (MVA).

The judge fined MacKenzie $1,993 plus a $299.09 surcharge and $107 in costs.

Police laid the charge in Windsor Feb. 1.