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Court Report



Published on April 1st, 2008
Published on January 30th, 2010
 

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Topics :
Registry of Motor Vehicles , Kentville , Canada , Berwick West

Fine, probation for breathalyzer

A Kentville man has received a fine and probationary term for failing a breathalyzer test.

Dax Wayne Henson, 36, pleaded guilty in Kentville provincial court Tuesday, March 25 to having care and control of a motor vehicle while his blood-alcohol level exceeded the legal limit.

Judge Alan Tufts fined Henson $800 plus a $120 victim surcharge, or 15 days in custody on willful default. The judge also prohibited Henson from driving in Canada for three years, a term the Nova Scotia Registry of Motor Vehicles will at least match.

Judge Tufts also imposed a term of one-year reporting probation on Henson, the conditions of which include taking any assessment, counselling or treatment, and bans on possessing or consuming alcoholic beverages or non-medically prescribed drugs.

Henson committed the offense in Kentville Jan. 11 when police found he had blood-alcohol readings of 130 and 120 milligrams of alcohol per 100 millilitres of blood.

The legal limit is 80 mg/100 ml. The Criminal Code provides for heavier penalties in breathalyzer cases in which there are aggravating circumstances.

Fined for blood-alcohol readings

Berwick resident Matthew Phillip Bentley, 23, pleaded guilty March 25 to driving while his blood-alcohol level exceeded the 80 mg/100 ml limit.

Judge Tufts fined Bentley $750 plus a $112.50 victim surcharge, or 14 days in custody on willful default.

He also prohibited Bentley from driving in Canada for a year. The Registry of Motor Vehicles will ban Bentley from driving in the province for at least that long.

Bentley committed the offense in New Minas Feb. 9 when police found he had blood-alcohol readings of 140 and 140 mg/100 ml.

Breathalyzer nets fine

Kentville resident Nathan Lawrence Connell, 25, pleaded guilty March 25 to having care and control of a vehicle while his blood-alcohol level exceeded the legal limit.

Judge Tufts fined Connell $750 plus a $112.50 victim surcharge, or 14 days custody on willful default.

Judge Tufts also prohibited Connell from driving in Canada for a year, a period the Registry of Motor Vehicles will at least match.

Connell committed the offense in Kentville Feb. 23 when police found he had blood-alcohol readings of 150 and 130 mg/100 ml.

Had care and control

Aylesford resident Barry Richard Foster, 37, pleaded guilty March 25 to having care and control of a vehicle while his blood-alcohol level exceeded the 80 mg/100 ml limit.

Judge Tufts fined Foster $650 plus a $97.50 victim surcharge, or 12 days in custody on willful default.

He also prohibited Foster from driving in Canada for a year. The Registry of Motor Vehicles will ban the accused from driving in the province for at least a year.

Foster committed the offense in Berwick West Jan. 19 when police found he had blood-alcohol readings of 120 and 110 mg/100 ml.

Fined for breathalyzer

Kentville resident Marcia Berube pleaded guilty March 25 to having care and control of a vehicle while her blood-alcohol level exceeded the legal limit.

Judge Tufts fined her $650, or 10 days in custody on willful default.

The judge also prohibited her from driving in Canada for a year, a term the Registry of Motor Vehicles will at least match.

Berube committed the offense in Kentville Jan. 11 when police found blood-alcohol readings of 120 and 120 mg/100 ml.

Fine, probation for breach

Dartmouth resident Jeremy Christopher Lalonde-Drake, 18, pleaded guilty March 25 to failing to comply with a probation order.

Judge Tufts fined Lalonde-Drake $300 plus a $45 victim surcharge, or five days in custody on willful default, and imposed a term of three months’ probation on him.

Lalonde-Drake committed the breach between July 27, 2007 and Jan. 28, 2008 when he failed to pay restitution of $49.

Granted conditional discharge

Judge Tufts granted a conditional discharge March 25 to Harbourville resident Kayla Leigh Crouse on a charge of assault. The discharge is pending one month of reporting probation and a $50 charitable donation to the Red Door.

The charge resulted from an incident in Berwick Sept. 16. Crouse pleaded guilty to the charge March 25.

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