Woman botches breathalyzer test 22 times, banned from driving - Aug. 29, 2013
After trial, itís been determined a Maces Bay woman is guilty of refusing a breathalyzer test, but not of driving while over the legal blood alcohol limit.
The charges followed a Nov. 26, 2012 incident where RCMP were called by a member of the public, who said they interacted with Sharon Mary Humphrey, 58, determined she was intoxicated, and called police to report she was driving. When police arrived at a Maces Bay address, the car that Humphrey was said to be driving was parked in a driveway hanging out onto the road with her behind the wheel.
The RCMP formed cause and demanded she blow into a roadside screening device. She failed that test and was taken to the St. George detachment for a breathalyzer test.
Once there, Humphrey made 22 attempts to provide a sample, and failed to do so every time. Provincial Court Judge David Walker ruled that Humphrey had intended to fail in her attempts, as there were no reasonable submissions made stating why she couldnít provide a sample. Once he entered a conviction on that charge, the charge of driving while over the legal blood alcohol limit was dismissed.
Before sentencing, Walker heard that Humphrey had a previous impaired driving conviction in 2000. Given this, Crown Prosecutor Shara Munn requested she be given a higher fine and a two-year prohibition from driving, as opposed to the one year prohibition typically given to first time offenders.
That argument was largely accepted by Walker, who sentenced Humphrey to a $1,500 fine plus a $225 victim fine surcharge and prohibited her from driving for 18 months. Humphrey was given until Dec. 3 to pay her fine.