For the second time in eight years, Mitchell Gary Wayne Hiebert will lose his licence and be prohibited from operating a vehicle after driving while intoxicated.
Hiebert appeared in Moose Jaw provincial court recently, where he pleaded guilty to having a blood alcohol content (BAC) level over the legal limit of .08. He received a fine of $1,700, lost his licence for a year and was prohibited from driving for that period.
He has until the end of September to either pay off or work off his fine.
The Crown stayed another charge of impaired driving.
“I thought I waited long enough. I thought I was OK and I made a mistake, and I got in my car and drove to 7-11,” Hiebert told Judge Daryl Rayner, adding he consumed two tall cans at one point before waiting an hour to drink another.
Moose Jaw police were called to a 7-11 on June 17 for a report of an intoxicated motorist driving a green four-door Chevy, Crown prosecutor Rob Parker said. Officers arrived to see the vehicle headed toward Thatcher Drive. They followed and activated their lights in an attempt to pull over Hiebert, but he did not notice and kept driving another five blocks. He stopped only after the police activated their sirens.
Hiebert displayed signs of intoxication, and after police took breath samples, they found his readings were .150 and .130, which were more than the legal limit.
The minimum fine for having an elevated BAC level is $1,500, but since Hiebert has a similar charge from August 2012 in Assiniboia, a more appropriate fine would be $1,800, Parker told Judge Rayner.
In his defence, Hiebert argued that he didn’t think the police activated either their sirens or lights. He also argued that he never drove five blocks before pulling over, although he did accept that he had high BAC readings.
Hiebert lost his job since he lost his licence over this issue, he added. Since he lives in Moose Jaw, he is continuing to look for employment.
The fact Hiebert’s BAC readings were nearly twice the legal limit is an aggravating factor, which is also why he deserves an increased fine, Rayner said. However, offsetting the seriousness of the situation is that there was no accident and no one was injured, while Hiebert came to court and pleaded guilty.
For those reasons, the judge added, he would fine Hiebert $1,700 and give him a one-year driving ban.
The Provincial Court section holds articles that have been written without prejudice with the information that has been presented in a public court of appeal available to the media and public.
