Court Report

Breathalyzer, MVA offenses

The court has fined and put a Coldbrook man on probation for two counts of driving with illegal blood-alcohol readings and for an MVA offense.

In Kentville provincial court Wednesday, Dec. 3, Judge Claudine MacDonald fined Kenneth Eugene Bigelow, 39, $1,300 plus a $195 victim surcharge, or 23 days in custody on willful default, for driving while his blood-alcohol readings exceeded the legal limit. She also imposed a term of one-year reporting probation on him, conditions of which include taking any recommended assessment, counselling or treatment, and refraining from possessing or consuming any alcoholic beverages or non-medically prescribed drugs.

The judge also fined Bigelow $800 plus a $120 victim surcharge, or 14 days in custody, for driving while his blood-alcohol readings exceeded the legal limit.

Bigelow committed the offenses in New Ross June 4 when police found he had blood-alcohol readings of 90 and 110 mg/100 ml; and Kentville July 17, when police found he had readings of 150 and 170 mg/100 ml.

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

Bigelow pleaded guilty to the charges Oct. 15. The court imposed a one-year, Canada-wide driving prohibition on him at the time of the conviction. The ban will be at least matched by the Nova Scotia Registry of Motor Vehicles.

Judge MacDonald fined Bigelow $2,000 plus a $300 victim surcharge and $107 costs for driving while his privilege of obtaining a license was revoked, contrary to the Nova Scotia Motor Vehicles Act (MVA).

Bigelow committed the MVA offense in Kentville Aug. 25.



High readings, suspended license

Kentville resident Michael Joseph O’Leary, 23, pleaded guilty Monday, Dec. 8 to driving while his blood-alcohol level exceeded the 80-mg/100-ml limit, and to the MVA charge of driving while his license was suspended.

Judge MacDonald fined O’Leary $1,200 plus a $180 victim surcharge, or 21 days in custody on willful default, for the breathalyzer offense. She also prohibited him from driving in Canada for a year. The Registry of Motor Vehicles will ban O’Leary from driving in the province for at least a year.

For the MVA offense, Judge MacDonald fined O’Leary $500 plus a $75 victim surcharge.

O’Leary committed the offenses in Wolfville Sept. 19 when police found he had blood-alcohol readings of 160 and 160 mg/100 ml.



Had care and control

Judge MacDonald found Nictaux, Annapolis County, resident Keith Robert Deveau, 35, guilty Dec. 3 of having care and control of a vehicle while his blood-alcohol readings exceeded the 80-mg/100-ml legal limit.

The judge fined Deveau $700 plus a $105 victim surcharge, or 12 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.

Deveau committed the offense in Greenwood Jan. 1 when police found he had blood-alcohol readings of 120 and 110 mg/100 ml.



Assault, breach draw probation

Judge Alan Tufts sentenced Cambridge resident Ian Michael Fowlie, 20, Thursday, Dec. 4 to one day in custody deemed served by his court and imposed a term of two years’ reporting probation on him for assault and a breach of recognizance.

Probationary conditions include that Fowlie refrain from possessing or consuming alcoholic beverages or non-medically prescribed drugs; have no communications or contact with a specific person; have no association with those with criminal, youth or drug records; and take any recommended assessment, counselling or treatment.

Fowlie must also provide a DNA sample to be kept on file.

Fowlie committed the assault in Cambridge between April 8, 2007 and July 29, 2008, and the recognizance breach in New Minas Sept. 29, 2008. He pleaded guilty to the charges Oct. 29.



Probation for assault

Judge Alan Tufts suspended sentencing Dec. 3 on Centreville resident Shawn Cyril Murray, 41, for an assault conviction and imposed a term of six months’ reporting probation on him.

Probationary conditions include Murray take any recommended assessment, counselling or treatment.

Murray committed the assault in Kentville June 15.



Breached undertaking

Canning resident Gregory George Leonard Ogilvie, 23, pleaded guilty Dec. 8 to failing to comply with a court undertaking not to have contact with a specific person.

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

Ogilvie committed the breach in Canard Oct. 3.



Sped

Berwick resident Kyle Joseph Lewis, 21, pleaded guilty Dec. 8 to driving between 16 and 30 kilometres per hour over the posted limit, contrary to the MVA, and requested a remission of penalty.

Declining to grant the remission, Judge MacDonald fined Lewis $150 plus a $22.50 victim surcharge and $107 in costs.

Lewis committed the offense on Brooklyn Street Oct. 22.



New driver

Waterville resident Stanton Kyle Surette, 18, pleaded guilty Dec. 8 to being a new driver with a blood-alcohol reading, contrary to the MVA, and requested a remission of penalty.

Not granting the request, Judge MacDonald find Surette $500 plus a $75 victim surcharge and $107 in costs.

Surette committed the offense in Kentville Oct. 7.



Granted conditional discharge

Judge Tufts granted a conditional discharge Dec. 3 to Kentville resident Autumn Deborah Coleman, 23, on a charge of assault. The discharge is pending six months of reporting probation and performing 20 hours of community service work or a charitable donation of $200 to the Red Door.

Probationary conditions include Coleman taking any recommended assessment, counselling or treatment; performing the community service work; and refraining from possessing or consuming alcoholic beverages or non-medically prescribed drugs.

The charge stemmed from an incident in north Kentville May 15. Coleman pleaded guilty to the charge Oct. 6.



In other court matters

Wolfville resident Tyler Wayne Veriker, 21, pleaded guilty Dec. 8 to making noise disturbing peace and tranquility, contrary to the Town of Wolfville Bylaw, and requested a remission of penalty.

Declining the request, Judge MacDonald fined Veriker $100 plus a $15 victim surcharge and $107 in costs.

Veriker committed the offense in Wolfville Oct. 30.

--

Wolfville resident Mitchell Keith McCargar, 21, pleaded guilty Dec. 8 to illegal possession of liquor, contrary to the Nova Scotia Liquor Control Act (LCA), and requested a remission of penalty.

Not granting the remission, Judge MacDonald fined McCargar $300 plus a $45 victim surcharge and $107 in costs.

McCargar committed the offense in Wolfville Oct. 3.