Man gets 90 days for refusing brethalyzer

Published on August 11, 2014
ng court news

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.

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.