Court Report

Fine, probation for breathalyzer readings

The court has handed a Harbourville man a large fine and a probationary term for a breathalyzer offense.

Scott Royce Kenneally, 22, pleaded guilty in Kentville provincial court Monday, Sept. 15 to having care and control of a motor vehicle while his blood-alcohol readings exceeded the legal limit. He also pleaded guilty to failing to comply with a probation order to pay $522.41 in restitution.

For the breathalyzer offense, Judge Claudine MacDonald fined Kenneally $1,400 plus a $210 victim surcharge, or 24 days in custody on willful default, and prohibited him from driving in Canada for a year, a ban the Nova Scotia Registry of Motor Vehicles will at least match.

The judge also imposed a term of one-year probation on Kenneally, conditions of which include taking any recommended assessment, counselling or treatment, and paying the $522.41 in restitution.

For the probation breach, Judge MacDonald fined Kenneally $200 plus a $30 victim surcharge, or three days in custody on willful default, and ordered him to pay the restitution.

Kenneally committed the breathalyzer offense in Berwick June 26 when police found he had blood-alcohol readings of 270 and 270 milligrams of alcohol per 100 millilitres of blood, three times the legal limit of 80 mg/100 ml.

The Criminal Code of Canada allows for increased penalties for those breathalyzer offenses involving readings in excess of 160 mg/100 ml.

Kenneally committed the probation breach in Kentville June 12.

Breathalyzer, MVA offenses draw fines

Melvern Square resident Brian Markey, 49, pleaded guilty Sept. 15 to having care and control of a motor vehicle while his blood-alcohol readings exceeded the 80 mg/100 ml limit, and the Nova Scotia Motor Vehicles Act (MVA) charges of driving without the required liability insurance, driving while his license was suspended, driving a vehicle with a number plate for another, and driving a vehicle without a valid inspection sticker.

For the breathalyzer offense, Judge MacDonald fined Markey $1,200, or 18 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 fined Markey $1,000 for the insurance offense; $1,000 less a $500 remission of penalty for the driving while suspended; and $50 each for the number plate and inspection sticker offenses.

Markey committed the offenses in North Kingston Aug. 1 when police found he had blood-alcohol readings of 260 and 260 mg/100 ml.

Drove with illegal readings

North Kentville resident James Avard Hall, 20, pleaded guilty Sept. 15 to driving while his blood-alcohol readings exceeded the 80 mg/100 ml limit.

Judge MacDonald fined Hall $1,000 plus a $150 victim surcharge, or 17 days in custody on willful default. She also prohibited Hall from driving in Canada for a year. The Registry of Motor Vehicles will ban Hall from driving in the province for at least a year.

Hall committed the offense in north Kentville July 26 when police found he had blood-alcohol readings of 110 and 110 mg/100 ml.

Probation breach results in short sentence

North Alton resident Christopher Adam Wellwood, 21, pleaded guilty Sept. 15 to failing to comply with a probation order to pay $634.35 in restitution. The restitution had been paid in full since the charge was laid.

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

Wellwood committed the breach in Kentville between Jan. 3 and Nov. 3, 2007.

Possessed cannabis

Kentville resident James Stephen Morine, 28, pleaded guilty Sept. 15 to possession of cannabis marijuana, a Schedule II drug under the Controlled Drugs and Substances Act (CDSA).

Judge MacDonald fined Morine $250 plus a $37.50 victim surcharge, or four days in custody on willful default.

Morine committed the possession in Waterville July 21.