After Sheryle Rutley received a major fine for his sixth impaired driving conviction, Judge Daryl Rayner reminded him that he probably wouldn’t be financially penalized the next time he acquires a similar charge.
“The fact you drink is not the issue. The issue is when you get behind the wheel (afterward),” Rayner told Rutley on May 13 in Moose Jaw provincial court. “Your blood alcohol level on this occasion was extremely high. It was more than double what is the legal limit. It is a serious issue you’re facing.
“If you accumulate further drinking and driving offences, you could be looking at periods of incarceration,” Rayner continued. “You’ve been fortunate in the past; you’ve never gone to jail for a drinking and driving offence … .
“We’ve now once again proven that you’re one who does not just drink, but you also get behind the wheel. That will not be considered lightly the next time.”
Rutley, 72, pleaded guilty to having a blood alcohol content (BAC) level over .08. The Crown stayed a charge of impaired operations of a motor vehicle. He was fined $2,000, while he received an additional fine of $500 to reflect his past record. He lost his licence and was prohibited from driving for one year.
The Moose Jaw resident had five previous charges before he appeared in court on May 13. His last offence for impaired driving was in 2001.
Police were patrolling on the 1100 block of Main Street on April 17 at 9:15 p.m. when they noticed a vehicle weaving from side to side, explained Crown prosecutor Robbie Parker. The vehicle was driving in the parking lane and had to stop before it crashed into another vehicle. It signalled and moved back into the driving lane.
Officers attempted to conduct a vehicle stop on the 700 block of Main Street and activated their lights and sirens, Parker continued. The vehicle did not pull over until it reached the 100 block. Police found Rutley behind the wheel.
“He showed signs of impairment, including odour of alcohol, swaying and staggering while walking, and admission of consuming alcohol,” the Crown prosecutor noted.
Rutley provided two breath samples, both of which came back at .170, or twice the legal limit.
Rutley showed remorse while standing before the judge.
“I just made a bad decision and a bad choice to drive,” he said. “I regret the choice I made.”
Judge Rayner gave Rutley until Feb. 1, 2020, to pay his fine.
Provincial court next sits on May 15.
