Lambton OPP officer smelled alcohol through mask while talking to speeding Sarnia motorist
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A Lambton OPP officer who pulled a car over for speeding on the Victoria Day long weekend could still smell alcohol despite wearing a mask due to the COVID-19 pandemic.
Graham Percival initially denied drinking but eventually admitted to having three beers. Soon after, the 37-year-old Sarnia resident was in handcuffs – one of six suspects arrested for impaired driving that weekend – and taken to headquarters for testing, which showed he had between 210 and 220 milligrams of alcohol in 100 millilitres of blood.
The legal limit is 80.
Shortly after Percival pleaded guilty last week in a Sarnia courtroom to being over the legal limit within two hours of driving, Justice Krista Lynn Leszczynski said the “very” high test results were “most” aggravating.
“Your ability to operate a motor vehicle would be significantly impaired,” Leszczynski said. “That is certainly aggravating, as is the time of day.”
The incident took place around 4:30 p.m. on Friday, May 21, in Plympton-Wyoming Township. Police were patrolling Egremont Road for speeding cars due to “a number” of complaints and pulled over a black 2017 Hyundai.
The officer walked up to the car and told the driver why he was being pulled over.
“Despite wearing a mask, the officer detected an odour of alcoholic beverage emanating from the vehicle,” assistant Crown attorney Sarah Carmody said.
Percival said he was coming from a friend’s house and initially denied drinking, but then admitted to having the beers. Two roadside breath tests didn’t work due to “blow interruptions,” but Percival eventually failed, leading to his arrest.
Percival had no prior criminal record, but Carmody asked for a $2,500 fine, $500 higher than the minimum.
“The Crown is seeking the elevated fine due to the extremely high alcohol readings,” Carmody explained. “It would be appropriate given the time of day that the offence was committed, the high readings and the busy nature of that roadway.”
Defence lawyer Ian Bruce asked for the fine to be “ameliorated somewhat” due to his client’s “self-motivated efforts.” He’s taken “serious and effective steps” to address his issues and stopped drinking, Bruce said.
Percival declined a chance to address the court.
Leszczynski said taking those steps is “very” important as she imposed a $2,200 fine.
“An increased fine is appropriate to reflect how much higher your readings were,” the judge said. “Drinking and driving is not only dangerous and criminal, but will not be tolerated and the sentences are meant to reflect that.”
Percival is also banned from driving for one year.
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