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North Bay Officer has done his time

"Jail is not a place for people who are mentally ill and addicts."
Stephen Taylor and Christine Hutt outside court KAS
Christine Hutt and Stephen Taylor at the North Bay Courthouse.

Stephen Taylor is walking on clouds after being acquitted on a charge of refusing to provide a breath sample on the suspicion of drunk driving.

In courtroom 305 the Honourable Normand Glaude of Sudbury presided. Justice Glaude read out his decision saying that Constable Leboeuf was on patrol and saw a car weaving on the road. He radioed in the license plate and knew by the time he got back to the car, who was behind the wheel.

Officer Leboeuf said he asked for a roadside sample of Taylor’s breath to test for alcohol.

Glaude continued, “The accused, who was not the most compliant, requested he speak to his lawyer.” The officer allowed Taylor to speak on the phone. The court heard Sargeant Caruso was called to convince Taylor to provide a sample.

Justice Glaude says Cst. Leboeuf opened the door to be a more focused debate, by giving the accused his cell phone.

The officer had asked Caruso his opinion, in which Caruso said the accused is a breath technician and should simply be charged.

Cst. Leboeuf then opened the door and confiscated his phone. Taylor was speaking to his lawyer at the time.

Sargeant Venoit came on the scene and the officers discussed whether to release or charge Taylor with refusing to provide a breath sample.

Judge Glaude said the question is whether the officer heard Taylor’s last request to give a sample.

Judge Glaude heard from the arresting officer that he asked 11 times for a sample. "The officer says if the officer heard the accused ask, he would have administered it."

Taylor entered evidence that Leboeuf should have removed the machine from his mouth and that the officer tried seven times to give him the breathalyzer test.

In his ruling, Justice Glaude said that in giving the phone to the accused to speak to his lawyer, he is in effect giving him a time out.

Justice Glaude said he disbelieved all evidence from Taylor and that he used his experience to defer his sample 11 times.

Yet, the officer should have afforded a last chance to the accused. He continued saying that the officer says he did not hear the last request to blow into the machine.

“The officer was hit with a cold shower of reality that he was being played and he may well have turned a deaf ear.”

Outside after the ruling, Taylor said he felt absolutely fantastic.

"I’m on cloud 9. I’ve had a terrible few years. I am finally in a place right now that I feel like I'm moving in the right direction. I'm on the right track, with a lot of support and healthcare professionals. I'm doing everything I need to stay healthy and to stay sober."

Today's court case gave him worry with his biggest concern being the threat of going back to jail.

"Jail is not a place for people who are mentally ill and addicts. I finished my sentence on Monday. I had difficulty in there. Some of the medications I'm on, I wasn’t allowed to have. So I was worried about going to jail and doing straight time because I knew I wouldn't have those meds. I wouldn't have my sponsor. I wouldn't be able to see a psychologist for cognitive behaviour therapy and relapse prevention therapy. So I'm ecstatic right now."

Taylor gives kudos to staff at the North Bay Jail and called the guards fantastic, compassionate and overworked. Taylor now advocates for a different jail system. "I noticed when I was inside the jail, that others there have mental illness. They don't belong there. They don't get medication. They don't get the help that they need.

"I actually spent one weekend in solitary confinement. The ‘hole’ they call it. The jail was full. That was absolutely the worst three days of my life. It was so difficult with no human contact, white walls all around you, bright fluorescent lights 24/7. You can't sleep. You couldn’t even tell what time it was."

May 20th is his official discharge date so after reporting in, Taylor will be released immediately.

Taylor was suspended without pay from the North Bay Police Service March 31st, 2016.

Please see related story for details.

https://www.baytoday.ca/local-news/cop-gets-jail-time-for-drunk-driving-272182


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KA Smith

About the Author: KA Smith

Kelly Anne Smith was born in North Bay but wasn’t a resident until she was thirty. Ms.Smith attended Broadcast Journalism at Canadore College and earned a History degree at Nipissing University.
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