Court City man pleads pleads guilty to failing breathalyser twice, driving while prohibited

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BOBBI-JEAN MACKINNON
Telegraph-Journal

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SAINT JOHN - A 58-year-old man, who is prohibited from driving in Canada until next summer and is wanted in two other provinces for failing to appear in court to face impaired and driving-while-prohibited charges, somehow applied for and received a New Brunswick driver's licence in July.

Since then, Andre Joseph Lemieux has racked up two more impaired driving convictions in Saint John.

On Sept. 27, at about 3:15 a.m., Lemieux was pulled over by police on Charlotte Street for driving the wrong way on a one-way street in his white minivan. He had a breathalyser reading of 130 milligrams of alcohol in 100 millilitres of blood. The legal limit is 80 mg.

Less than one week later, on Oct. 3, at about 3 a.m., Lemieux was on Union Street, in the designated left-turn lane at Sydney Street, when he ended up crossing into another lane and making an improper right turn onto Waterloo Street instead. He had a breathalyser reading of 120 milligrams of alcohol in 100 millilitres of blood.

Both are "the type of incidences that could kill someone," acting Crown prosecutor Jill Knee told provincial court during Lemieux's bail hearing.

Following the hearing, Lemieux, of Green Head Road, changed his plea to guilty of two counts of failing a breathalyser and a third charge of driving while prohibited.

He was prohibited from driving anywhere in Canada for three years by a court in Dryden, Ont., in August 2006 after being convicted of failing a breathalyser - his second such conviction, the court heard. He was previously convicted of failing a breathalyser in Quebec in April 2003.

Lemieux is wanted on a warrant in B.C. for failing to appear in court to face a Dec. 30, 2006 charge of driving while prohibited.

He is also wanted on three warrants in Quebec for failing to appear in court on a Dec. 19, 2006 impaired driving charge, June 22, 2005 charges of failing a breathyser and driving while disqualified, and Nov. 8, 2005 charge of failing to comply with a recognizance.

"He's looking at a significant period of incarceration, there's no question," said duty counsel Brian Ferguson.

Chrystiane Mallaley, media co-ordinator for the provincial Department of Public Safety, could not comment on Lemieux's case.

But there is a system in place that is supposed to prevent people who are prohibited from driving in another jurisdiction from getting a licence here, she said.

The interjurisdictional record exchange is a communications network maintained by the Canadian Council for Motor Transport Administrators that enables all provinces and territories to share information, including driver's licences and motor vehicle registrations.

So when someone applies for a New Brunswick driver's licence, officials at Service New Brunswick are able to verify on the spot whether that individual has a valid licence in another jurisdiction, said Mallaley.

If someone was prohibited from driving in another jurisdiction, they should be flagged in the system and would not be issued a New Brunswick licence, she said.

In addition, the individual must present a valid licence from the other jurisdiction, as well as two other pieces of identification.

And they must sign an application form, attesting that they're not a suspended or prohibited driver.

"That's what we do as a general practice," said Mallaley. The system has been in place since 1985.

"If a particular case comes to our attention ... we'll certainly go back and make sure our policies and procedures were properly followed."

Officials will also look for "any gaps or opportunities for improvement," she said.

The interjurisdictional record exchange would not contain information about warrants for arrest for failures to appear in court to face impaired driving charges, or pending charges in general, said Mallaley.

"We wouldn't have any knowledge of that or any ability or authority to withhold issuance of a licence if (an individual) had not been convicted of an offence."

Information about convictions, however, and any other infractions on someone's driving record, are forwarded to New Brunswick from the other jurisdiction where the individual was previously licensed. And that information would be applied to their licence here.

"The concept is one person, one record, one licence throughout the country. So when someone acquires a new licence in New Brunswick, their record physically moves to the motor vehicle branch here," explained Mallaley.

Lemieux plans to apply for curative treatment, which means he's willing to be assessed to see if he's a good candidate for substance abuse treatment.

If someone is deemed a good candidate and agrees to go through a treatment program, their sentence is usually less severe.

A curative treatment application hearing will be held on Oct. 21.

Judge Andrew LeMesurier has also ordered a pre-sentence report.

Lemieux remains in custody.