Skip to content

Impaired driver spending weekends in jail

By Keith Lacey A Markstay man caught drunk behind the wheel for the second time in five years will have to spend the next several weekends behind bars. Allain Albert, 29, pleaded guilty to impaired driving Wednesday at the Sudbury courthouse.
By Keith Lacey

A Markstay man caught drunk behind the wheel for the second time in five years will have to spend the next several weekends behind bars.

Allain Albert, 29, pleaded guilty to impaired driving Wednesday at the Sudbury courthouse.

Justice Normand Glaude said he had a difficult decision to make because with the exception of a 1997 drunk-driving conviction, Albert had never been in any trouble with the law.

However, considering the bad driving involved and the fact this was the accusedÂ?s second conviction in less than five years, he had to impose a jail sentence.

Â?In all of the circumstances, I have to send a message to you and the communityÂ? that repeat drunk drivers will be dealt severely, said the veteran judge.

Because Albert has a good, full-time job and pays child support, Glaude agreed to allow Albert to serve a 14-day sentence on weekends. He also prohibited him from driving anywhere in Canada for two years.

Albert is to report to the Sudbury District Jail tonight, and subsequent Friday nights, and he will be released Monday morning so he can get to his job as an auto body shop painter.

Court heard that around 2:15 am on March 29, an OPP officer in Markstay noticed a vehicle proceeding at a rapid rate of speed on the main street.

He noticed two passengers in the back seat were asleep, and when he approached the vehicle he detected a strong smell of alcohol coming from the driverÂ?s breath.

Albert was the driver and an open bottle of beer was found near his feet.

Albert was asked to take a roadside breath test, which he failed, and he was charged with impaired driving. Two breathalyser tests at OPP headquarters indicated Albert had more than twice the legal limit of alcohol allowed in Canada to operate a motor vehicle.

Because of the high speeds, high readings and the fact this was his second conviction, assistant Crown attorney Patricia Moore asked that a 14-day jail sentence be imposed.

Defence counsel Ron Horeck asked that instead of jail, his client be given a hefty fine and extended licence prohibition.

When Glaude asked him why heÂ?d get behind the wheel impaired after being caught five years ago, Albert replied Â?I was coming back from a party and I donÂ?t know, I screwed up.Â?