CC: s.253(1)(a) – Impaired driving, s.253(1)(b) – Driving with blood alcohol level over .08%, s.254(3)(5) – Refusal to provide a breath sample.
My client was down from Cold Lake to spend time with family and to attend the annual Tsuu Tina Pow Wow. At 3:00 am, he was observed by police to be driving his pick up truck erratically. The police attempted to pull him over. He slowed down and pulled over onto the shoulder initially, but then sped up again. The police pursued him at a high rate of speed, with the emergency lights activated and air horn engaged. He eventually pulled over and was stopped by two police vehicles. He was extremely intoxicated and police observed open beer in the vehicle. There were warrants for his arrest relating to impaired driving charges from 2 months prior, as well as failing to attend court.
My client has a very long and related criminal record, which includes serving a combined total of 85 months in prison (just over 7 years), since 1988. His most recent conviction was for impaired driving, dated one month prior to this incident. This was his 6th impaired driving conviction. The Crown was initially seeking 6 to 9 months, but I negotiated them down to only 4 months, which is the statutory minimum for a 3rd conviction. This being his 6th impaired, he got a sweet deal.