For the second time in just a few weeks, a serial drunk driver received a prison sentence, having pleaded guilty to a sixth impaired driving conviction.
Earl Hala, a 58-year-old from Torquay, had three previous convictions in the 1980s, one in 1997, as well as a conviction from February 2009, just months before this latest incident in June 2009.
During Estevan provincial court on Feb. 9, Crown prosecutor Bill Jennings was asking for a period of incarceration of one year, while the defence asked presiding Judge James Benison for a four-month jail term, which would include one month that Hala would spend in the Impaired Driver Treatment Program instead of jail.
Benison sentenced Hala to a nine-month jail term, which does include a stay at the Impaired Driver Treatment Program, followed by a three-year driving prohibition.
Hala was represented by Dave Kreklewich, who cited previous decisions, some of which came out of Estevan provincial court, that saw impaired drivers with what he called more serious circumstances receiving jail sentences between four and six months.
Jennings said that since 2002, however, the Supreme Court has encouraged more serious sentences.
Benison told Hala that the Court of Appeals considers that a "substantial" prison sentence be imposed on serial drunk drivers.
He added that it is understandable that someone who has had problems with alcohol the way Hala has, would "fall off the wagon" under his circumstances. Before the arrest that led to his February 2009 conviction, Hala's friend died, and two days before he was arrested in June 2009 for this offence, his long-time spouse passed away. But Benison added that it was the act of driving that was criminal.
During his arrest, Kreklewich said Hala asked an RCMP officer if he could use a washroom, and after he wasn't taken to one, he soiled himself in the back of the police cruiser. He was taken from Torquay to Carlyle where he provided blood-alcohol samples of .23 and .21, nearly three times the legal limit. Then he was driven to Estevan for holding overnight, and not given fresh clothes. He spent the rest of the night in his soiled clothes at Estevan Police Service.
Kreklewich added Hala "is not a violent person, or a person who should have a long stay in prison."
He noted that his client wasn't driving dangerously, but simply driving in the town of Torquay when he was arrested.
"He has respect for the law but has an alcohol problem."
***
In other court proceedings, Sean King was remanded in custody last Thursday after he was arrested for breaching conditions of an undertaking. King was first arrested and sentenced after pleading guilty to theft, and was arrested again a week later after breaching a term of his conditions with charges of aggravated assault.
This time the Crown opposed his release and he was remanded over the weekend to Monday for a show-cause hearing, at which point the Crown consented "with some reservation" to King's release on a $300 cash-bail recognizance.
The prosecutor said, "The charges seem to be accumulating and they are ones that concern the Crown."
Conditions include that King not consume alcohol or non-prescription drugs, have no contact with alleged victims and abide by a curfew of 9 p.m. to 6 a.m.
A 16-year-old youth was also in custody during Thursday's proceedings following a breach of his conditions. The youth is charged with several breaches of conditions following a break and enter charge which were dealt with under the Alternative Measures Program but not completed. He also faces charges for stealing a vehicle.
The Crown opposed his release and after a show-cause hearing, Benison released the youth with some new conditions that include a curfew from 9 p.m. to 8 a.m.
