Drinking-and-driving conviction need not
destroy dream, judge says
Cecilia Nasmith
Community News - Wednesday, July 18, 2007 Updated @ 7:42:00 AM
A Cobourg resident need not sacrifice his dream of military service because of a
drunk driving conviction, Justice Robert Graydon stated in the Ontario Court of
Justice in Cobourg Monday.
The resident in question, 23-year-old Dustin M. Staples, pleaded guilty to the
offence, which took place in Alnwick-Haldimand Township on March 24.
Crown attorney David Thompson said Mr. Staples had been heading west on County
Road 2, when he was stopped at about 1 a.m. by an OPP officer who had noticed
both his vehicle's high rate of speed and loud exhaust system.
The officer detected the odour of alcohol on the driver's breath as they talked.
Mr. Staples said he was driving because his male passenger had been drinking.
As he stepped outside the car, the officer spotted in the door panel an open
beer bottle with very little beer left in it. Mr. Staples said he'd drunk that
some time ago. He was unsteady on his feet, and his eyes were glassy and
bloodshot, court heard. Testing would reveal he had about twice the legal limit
of 80 milligrams of alcohol in 100 millilitres of blood.
"What happened this night, like so many of these things, is he and his roommate
journeyed to Colborne to spend some time with some young ladies they knew, and
they started to consume alcohol," defence lawyer Karl Bernhardt said. "There was
some miscalculation of the amount of alcohol."
Prior to the charge, he added, his client had arranged to join the forces and
begin training in Gagetown, N.B.
"That is not possible, I understand, given the conviction that will be
registered today. That's what he advises me," the lawyer said.
Mr. Staples confirmed his recruiting officer had said so. He'd have to wait two
years and get a pardon first.
"I'd be very surprised at that," Justice Graydon stated. "If I were you, I'd go
to the recruiting office in Kingston. There are all kinds of people with a
criminal record serving this country, and this is not a charge that has to do
with honesty or morality. You would be well advised to check again."
He then ordered a one-year licence suspension for Mr. Staples and a fine of $800
(plus $120 victims' surcharge).