Court Report

Intermittent custody for breathalyzer offence

The court has sentenced William Harvey Shearer, 36, Lake George, to a period of intermittent custody for having care or control of a motor vehicle having consumed alcohol in such a quantity that the concentration thereof in his blood exceeded the legal limit.

Shearer entered a not guilty plea to the charge April 16 and the matter was adjourned to Wednesday, Aug. 22 for trial in Kentville provincial court. However, Shearer changed his plea to guilty immediately prior to the scheduled trial.

The court sentenced him to 14 days of intermittent custody starting Aug. 24 and nine months of probation.

The court also imposed a two-year driving prohibition against Shearer, a ban that will be at least matched in the province by the Nova Scotia Registry of Motor Vehicles.

Shearer committed the offence in Kingston Feb. 17, 2007 when he was found to have care or control of a motor vehicle having consumed alcohol in such a quantity that the concentration in his blood exceeded 80 milligrams of alcohol in 100 millilitres of blood, the legal limit. Shearer gave breathalyzer readings of 180 and 180.

Found guilty of illegal readings

Judge Claudine MacDonald found Greenwood resident Jason Uriah Whalen, 28, guilty Thursday, Aug. 23 of driving while his blood alcohol readings exceeded the 80 mg/100 ml limit.

Judge MacDonald fined Whalen $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.

The Registry of Motor Vehicles will ban Whalen from driving in the province for at least a year.

Whalen committed the offense at 14 Wing Greenwood March 29 when police found he had blood-alcohol readings of 160 and 150 mg/100 ml.

Failed to comply with probation

The court has fined Daniel Gary Hill, 21, Kentville, for willfully failing to comply with conditions of a probation order -- taking counselling as directed and reporting as directed.

Hill entered a guilty plea to the first charge and a not guilty plea to the second Feb. 12. The matters were adjourned to Aug. 22 when Hill changed his plea on the second charge to guilty prior to a scheduled trial. Hill was fined a total of $57.50 and was sentenced to nine months of probation. He has been given until Feb. 25, 2008 to pay with no default.

Hill committed the offences in Kentville between Nov. 9, 2005 and July 31, 2006.

Drove while license suspended

The court has fined Donald Edward Caldwell, 22, New Minas, for unlawfully driving a motor vehicle while his license was suspended, contrary to the Nova Scotia Motor Vehicles Act.

Caldwell entered a guilty plea to the charge Monday, Aug. 20. He was fined a total of $575 and has been given until March 31, 2008 to pay with no default.

Caldwell committed the offence in Kentville July 9, 2007.

Granted conditional discharge

Judge MacDonald granted Kentville resident Troy Dean Troop, 39, a conditional discharge on a charge of assault.

The discharge is pending six months of reporting probation with a condition of taking any recommended assessment, counselling or treatment.

The charge stemmed from an incident in Kentville March 26. The court found Troop guilty June 21.

In other court matters

Kentville resident Jordan Luke Boudreau, 18, pleaded guilty Aug. 23 to underage drinking, contrary to the Nova Scotia Liquor Control Act.

Judge MacDonald granted a remission of penalty and fined Boudreau $25.

The usual fine of the offense is $300 plus a $45 victim surcharge and $100 in costs.

Boudreau committed the offense in Kentville July 7.

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Canning resident Benjamin Lorne McMahon, 18, pleaded guilty Aug. 23 to underage drinking.

Judge MacDonald granted him a remission of penalty and fined him $25.

McMahon committed the offense in Kentville July 7.