A Sarnia-Lambton senior has once again been caught driving impaired.
A Sarnia-Lambton senior has once again been caught driving impaired.
But 72-year-old Wayne MacDonald’s previous convictions were spread out far enough to keep the prosecutor from asking for jail time.
“His last one was in 2001, so there’s been over 20 years since he has had the prior, although you will note there are convictions in the ’70s and ’80s related to this,” assistant Crown attorney Ryan Iaquinta said to a Sarnia judge . “So it’s for that reason the Crown is seeking a higher fine.”
A health condition also factored in lawyers on both sides suggesting a $2,500 fine. Justice Anne McFadyen thanked them for the explanation and acknowledged the readings were relatively low.
“However, still over 80,” she said.
Tests at headquarters following MacDonald’s arrest on Oct. 30, 2021, showed he had between 105 and 109 milligrams of alcohol in 100 milliliters of blood. The legal limit is 80 milligrams.
Iaquinta said the readings were over the limit, but low compared to other cases.
“Just a touch over 100, although still over 80 and there were clearly signs of impairment,” he said.
Police were called about a blue minivan driving erratically around 8 pm that Saturday as it headed west on Highway 402 in Sarnia. Police pulled the 2008 Dodge Caravan over in the Wellington Street and Finch Drive area and talked to MacDonald.
“Police immediately noted a strong odor of an alcoholic beverage emanating from the driver’s breath and slurred speech,” Iaquinta said while reading an agreed statement of facts.
They also saw an open can of beer, so they asked him to do a roadside breath test. He stumbled as he got out of the van.
MacDonald, who is banned from driving for one year, declined a chance to address the court. Other charges were withdrawn.