Daniel R. Lavigne: This is a sentencing hearing. Daniel’s trial was in September of this year and was being charged of impaired driving and refusal to provide a DNA sample. Impaired driving is when the driver’s ability to safely operate a motor vehicle is compromised by the presence of alcohol or drugs in the driver’s system. He was convicted on October 28, 2015. Daniel had two previous driving suspensions, and this was his third driving offense. He has a previous conviction for drunk driving causing bodily harm.The Crown suggested Lavigne get counselling for alcohol and a minimum of two years probation. The judge said that Lavigne was not going to get an intermittent sentence. An intermittent sentence of less than 90 days and is when the
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An adjournment is a delay of trial proceedings. There was a co-accused, Richard Gibberson, with a different defense lawyer. Gibberson was sick and could not appear in court. The judge gave the defense lawyers 15 minutes to talk and if they really needed to delay the trial, he would. Gibberson’s court date was moved to a later date and Sovie's trial was to continue without the police witness. In Sovie’s arraignment, he was being charged with not co-operating with a peace officer and refusing to take a breathalyzer test. An arraignment is the first step in a trial and it when all the charges laid against the accused and a plea is entered. A breathalyzer test is a test that will detect the levels of alcohol is a person’s system. If the accused pleads guilty, the trial will move onto a sentencing but if the accused pleads not guilty, then the trial will proceed. This is a test to check how much alcohol was in the driver’s system and see if they’re are driving while under the influence. The Crown’s first witness is Constable Henderson. He was conducting a R.I.D.E. program on Friday August 2, 2015 on Hwy 9. He identified the defendant. Testified that Sovie smelled of alcohol while driving and refused to give a breath sample. The officer found a knife in the defendant's pocket when Sovie had earlier said he was not
An adjournment is a delay of trial proceedings. There was a co-accused, Richard Gibberson, with a different defense lawyer. Gibberson was sick and could not appear in court. The judge gave the defense lawyers 15 minutes to talk and if they really needed to delay the trial, he would. Gibberson’s court date was moved to a later date and Sovie's trial was to continue without the police witness. In Sovie’s arraignment, he was being charged with not co-operating with a peace officer and refusing to take a breathalyzer test. An arraignment is the first step in a trial and it when all the charges laid against the accused and a plea is entered. A breathalyzer test is a test that will detect the levels of alcohol is a person’s system. If the accused pleads guilty, the trial will move onto a sentencing but if the accused pleads not guilty, then the trial will proceed. This is a test to check how much alcohol was in the driver’s system and see if they’re are driving while under the influence. The Crown’s first witness is Constable Henderson. He was conducting a R.I.D.E. program on Friday August 2, 2015 on Hwy 9. He identified the defendant. Testified that Sovie smelled of alcohol while driving and refused to give a breath sample. The officer found a knife in the defendant's pocket when Sovie had earlier said he was not