A Sarnia resident learned the hard way it’s actually a larger financial penalty for most first-time offenders who fail or refuse to give police a sample of their breath than it is to be caught driving impaired.
A Sarnia resident learned the hard way it’s actually a larger fine for most first-time offenders who fail or refuse to give police a sample of their breath than it is to be caught driving drunk.
The minimum fine for impaired drivers with no prior criminal record who don’t get into crashes is $1,000, but declining to give a breath sample carries a $2,000 fine. Assistant Crown attorney Lori MacIntosh told Eric Rollo, who pleaded guilty Tuesday to the latter charge, this will hopefully be a reminder in the future not to drive after drinking.
“Or at the very least to provide a sample of his breath,” she said.
Justice Krista Lynn Leszczynski agreed.
“Had you complied with the demands, sir, even if you had been impaired then it’s very likely the fine would not have been as significant as it is for refusing,” she said. “Lesson learned.”
The 33-year-old Sarnia resident, who represented himself in court, apologized.
“I made a poor decision that day that is costing me a lot,” he said.
The court heard an off-duty police officer noticed a 2019 Dodge Caravan driving erratically as it headed north on Highway 40 in St. Clair Township on Feb. 26. After watching the van fluctuate speeds, hit the shoulder at least 10 times and tailgate a tractor-trailer, the officer called another officer who was on duty.
This officer found the van around 5 pm at Highway 40 and Rokeby Line. After pulling the Caravan over, the officer could smell alcohol coming from the vehicle and from the driver. Rollo was given multiple chances to give a breath sample, but declined and was arrested.
Along with a $2,000 fine and a victim-fine surcharge, Rollo is banned from driving for one year.
“Mr. Rollo, I hope that you’ve learned from this lesson and we don’t see you back before this court having committed a similar type of offense,” the judge said.