Man gets 90 days for refusing brethalyzer

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PICTOU – A New Glasgow man who pleaded guilty to a refusing a breathalyzer test and driving while disqualified has been sentenced to 90 days in jail.

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Scott Allan MacLean, 29, was sentenced in Pictou Provincial Court Monday after pleading guilty to the two charges related to an incident on Aug. 9 in Stellarton.   He also pleaded guilty to a breach of probation.

MacLean was arrested on Saturday around 1:30 a.m. after Stellarton policed noticed a vehicle failed to stop at a stop sign.  An officer stopped the vehicle in a parking lot on King Street and noticed four people in the car as well as a case of opened beer in the back and a can of unopened beer in the front of the car.

When the officer asked MacLean to step out from driver’s seat, he noticed a strong smell of alcohol on his breath.  He told the police he had drank some beer earlier in the day, but he had a nap and when he woke up a few hours before his arrest, he drove his friends.

He refused to give the officer a breath sample so he was charged with refusal and the police ran his name, they noticed he was violating a court order.  He also had a prior drinking and driving conviction from July.

In addition to the 90-day sentence, which will be served intermittently on weekends so he can stay employed, he is also prohibited from driving for two years and must pay $300 in victim surcharge fines.  He also ordered to undergo drug and alcohol abuse counseling.

Judge Del Atwood told MacLean that a designated driver needs to be sober, not disqualified from driving or likely driving drunk. 

Geographic location: Stellarton, King Street

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