The driver – 47-year-old Darren Fuller – insisted the odour was due to the empty beer cans and bottles on the floor in the backseat. The officer that Monday afternoon, though, saw liquid on the top of several of the containers and concluded they were recently consumed.
Fuller failed a roadside breath test, was arrested and taken to headquarters in Listowel, where further tests proved he was over the legal limit. The Mitchell native pleaded guilty in a Stratford courtroom to being over the legal limit within two hours of driving – his third impaired conviction.
“It’s shocking that anyone would have one conviction – let along three convictions – for drinking and driving,” Justice Kathryn McKerlie said. “Your repeated disregard for the lives and safety of other citizens has to be stopped.”
To put the brakes on this behaviour, she sentenced Fuller to 60 days in a jail. He can serve his sentence on weekends.
“I did what I did, so I’ll take the consequence,” Fuller, who now lives in Fordwich, said to the judge.
But McKerlie pointed out his next jail sentence will be “for months” and it’ll be served on straight time if he’s convicted again.
Fuller was also banned from driving for two years and received probation.
The checkpoint was at the intersection of Perth Line 87 and Perth Road 165 just north of Listowel. Fuller, the only person in his vehicle, drove into it around 2:30 p.m.
His previous convictions were in 1996 and 2011. He was fined for the first and jailed 15 days on weekends for the second. Each time, he was also prohibited from driving for at least one year.
Source: The Sudbury Star