When an Ontario Provincial Police officer checking out a report of a suspended impaired driver stopped Blake Naponse, he said he had consumed two beers at a restaurant and a Fireball, or cinnamon whiskey.
But when asked to provide a sample of his breath for a Roadside testing device, Naponse refused.
A check of the vehicle turned up an open bottle of Fireball, as well as some Budweiser beer behind the driver’s seat.
Naponse, 25, was charged with refusing a breath sample and careless driving.
In Sudbury court, Naponse pleaded guilty to the careless driving charge and was fined $700. The Crown and defence lawyer Berk Keaney had suggested the amount in a joint sentencing submission.
“There were many legal issues discussed at pre-trial,” commented Keaney.
A pre-trial meeting is a closed-door meeting between a member of the Crown’s office, a defence lawyer and a judge to discuss issues in a case.
Assistant Crown attorney Christina Croteau added that there were “triable issues” in the case.
The court heard Sudbury OPP received a call about 12:40 a.m. Feb. 21 concerning a possible impaired driver behind the wheel of a 2015 Dodge Ram pickup truck heading to Naughton from Main Street in Lively.
A licence plate number was provided that indicated Naponse, who had an address on Gabode Drive on the Atikameksheng First Nation community in Naughton, was the owner.
Officers then drove to Gabode Drive. A short time later, Naponse arrived driving the pick-up truck.
Officers noticed a rear passenger window of the pickup truck had been smashed. Naponse indicated the vehicle’s keys had been locked inside and the window was broken in order to get them.
Naponse did not have a prior record.
As a result of the guilty plea to the careless driving charge, the Crown withdrew the refusing a breath sample charge.
Source: The Sudbury Star