Viner given fine, probation for breathalyzer offense

BY BRENT FOX

bfox@kentvilleadvertiser.ca

NovaNewsNow.com

Judge Alan Tufts fined Scott’s Bay resident Joshua Joseph Viner, 27, $1,200 plus a $180 victim surcharge, or 21 days in custody on willful default Sept. 10 for having care and control of a motor vehicle while his blood/alcohol readings exceeded the legal limit.

The judge prohibited Viner from driving in Canada for a year, a ban that will be at least matched by the Nova Scotia Registry of Motor Vehicles.

Judge Tufts also imposed a term of one-year probation on Viner for the offense. Probationary conditions include Viner taking any assessment, counselling or treatment; and refraining from possessing or consuming alcoholic beverages.

Viner committed the offense in Blomidon Dec. 24, 2007 when police found he had blood/alcohol readings of 190 and 200 milligrams of alcohol per 100 millilitres of blood. The legal limit is 80 mg/ 100 ml.

The Criminal Code of Canada allows for increased penalties in breathalyzer cases involving readings in excess of 160 mg/100 ml and other aggravating circumstances.

The incident also included a motor vehicle/pedestrian accident that resulted in death.