Fined $3,000, can’t drive for three years - Mar. 07, 2014
A 54-year-old St. Stephen man has been fined $3,000, plus a victim fine surcharge of $450 and been prohibited from driving for three years after he pleaded guilty to impaired driving.
This was the fourth time Kenneth Willard Tubbs has been convicted of the same crime.
The court was told that on June 23 near St. Quentin, Restigouche County, Tubbs was stopped by police for erratic driving and produced breathalyzer readings of .26 and .25.
“Obviously he is a long time consumer of alcohol,” noted Judge David C. Walker.
“You’ve been drinking too much for too long,” the judge told Tubbs, and asked if the man was going to do anything about that.
“I don’t plan to,” answered Tubbs, who added that he had not had a drink lately.
The judge said the breathalyzer readings Tubbs produced were very high and warned him if he came back and was sentenced on a fifth charge, he can expect to go to jail.
“I won’t come back,” promised Tubbs.
Recognizing that Tubbs, a bricklayer, “works hard and a lot”, the judge gave him six months to pay his fines.
Crown prosecutor Shara Munn told the court that on June 23 around 7:40 p.m., an RCMP officer in an unmarked police cruiser travelling on Highway 17 near St. Quentin where she encountered a red pickup truck going 80 kilometres per hours in a 90 kilometre-per-hour zone.
The officer passed the vehicle, but continued to watch it in the rear-view mirror.
The truck, driven by Tubbs, was seen to go over the centre line, drive in the middle of the road and then swerve back onto the shoulder. This was repeated several times.
The officer decided to pull the vehicle over and turned her vehicle around. By the time she got behind Tubbs’s vehicle again, it was pulled over on the side of the road and the passenger was outside, urinating.
There was an open case of beer on the floor between the driver and the passenger and Tubbs had a strong odor of liquor on his breath, his eyes were watery and bloodshot and his speech was slurred.
He said he had his last drink at 11 o’clock that morning. Tubbs told the officer he was heading to Campbellton to work.
Tubbs was taken to the RCMP detachment where he produced breathalyzer readings of .26 and then .25. Police dropped him and his passenger off at a motel for the night.
Munn said Tubbs’ provincial criminal record shows two previous impaired driving convictions, one in 1995 and one in 1996, while his Canada-wide records show a conviction for impaired driving in 2003.
Munn told the judge there were quite a few aggravating factors in this case. She said the breathalyzer readings Tubbs produced were extremely high, “and the fact that he was able to drive the vehicle at all is pretty concerning.” Munn noted it was Tubbs’ manner of driving that brought him to the attention of the RCMP.
She asked Walker for an increased penalty for Tubbs and a penalty prohibiting Tubbs from driving “not less than three years.”
Defence lawyer Randy Wilson acknowledged that Tubbs does imbibe quite a bit, “but oddly enough is an extremely hard working individual.”