Refusing breath test leads to fine, driving ban
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Hey there, time traveller!
This article was published 22/01/2019 (2418 days ago), so information in it may no longer be current.
An infantry soldier from CFB Shilo pleaded guilty Monday to refusing to provide a breath sample and was sentenced to a one-year driving prohibition and $1,300 fine.
“I hope it’s not lost on you that mixing alcohol with driving is very dangerous. You put your own safety at risk, and other people who cross your path,” Judge Shauna Hewitt-Michtasaid while sentencing Jonathan Delhanty.
Crown attorney Marnie Evans said police first noticed Delhanty while conducting traffic enforcement at the north gate of the base around 2 a.m. on Oct. 20. The car stopped short of police before doing a three-point turn and backed down an embankment. Police tried to close the distance to the fleeing vehicle but were slowed down by slippery roads and animals.
Evans said police observed the vehicle travelling at high speed before parking in a residential building parking lot. After puling behind the car, the officer saw Delhanty leave the car on foot and ignore instructions to stop. He refused to provide his licence and said the car wasn’t his.
Evans said Delhanty continued to be aggressive and refused to give a breath sample, despite multiple opportunities. He continued to argue with police and made it difficult to apply restraints. At one point, he told police he had crack cocaine on him and to search his posterior for it.
Patrick Sullivan, Delhanty’s lawyer, said he disagreed with the description that his client was being aggressive with police and said he was just asking questions during his arrest. He said he has received some repercussions already, including being put on probation at work and consequences through Manitoba Public Insurance, and asked the judge to consider his early guilty plea.
Hewitt-Michta said further driving charges or being caught driving with a suspended licence would result in stiffer consequences.
“I hope you’re embarrassed by the way you interacted with police. Hopefully you’re more respectful when sober.”
» dmay@brandonsun.com
» Twitter: @DrewMay_