CHARLOTTETOWN, P.E.I. — A P.E.I. Supreme Court judge has upheld a two-year driving prohibition for a teenager who was on a graduated licence when he was caught driving drunk.
In a recent decision on a summary conviction appeal, Justice Terri MacPherson ruled provincial court Chief Judge Nancy Orr made no error when she imposed a sentence on the 18-year-old driver.
Orr sentenced Cole Jeremy MacDonald on Aug. 19 to three days in jail, a $1,000 fine and a two-year driving prohibition after he was caught with a blood alcohol level above the legal limit.
At the time, MacDonald was 18 and had a graduated licence, which included a restriction with zero tolerance for alcohol.
When Orr sentenced MacDonald, she said his age, which was below the legal drinking age, and the graduated licence were factors in the driving prohibition.
In P.E.I., the usual length of driving prohibitions for first-time offenders in drunk driving cases is one year.
MacDonald appealed the sentence on several grounds, including that Orr erred by incorrectly applying the sentencing principles set out in the Criminal Code of Canada and by placing undue weight on his age along with his having a graduated licence.
The appeal argued the sentence was excessive.
In MacPherson’s decision, she wrote that Orr properly considered all factors submitted to her and she didn’t overemphasize any of them.
MacPherson dismissed the appeal, saying Orr imposed a fit sentence.
