MacPhail sentenced to one day in jail

Martini with an olive

- February 11, 2012 at 15:19:38

It is interesting to note the mentality of some people who can turn this situation into a Ghiz wrongdoing!!! For some people, this has nothing to do with the crime of drinking and driving but an opportunity to bash Ghiz. Maybe if people like this realized the real issue of drinking and driving as one of the major problems on PEI we would be better off. As for Mr. MacPhail, sorry, shame on you, driving while impaired is a crime and a danger to society whether it be on a highway or parking lot...someone still could have been hurt. I believe he deserves the same punishment as everyone else....I have never heard of anyone receiving their sentenced reduced to 3 mos if they agreed to use the lock down device. Big deal, who wouldn't take this opportunity as anyone under this 'painful punishment' could get someone else to blow for them. Wow!!! slap on the wrist or what?? Worthy of noting that Mr. MacPhail is fresh from the time zone where high schools etc., are really pushing and educating young people on drinking and driving. So even more shame on you Jamie!!!! As far as a set up is concerned.......I would bet on it!! Someone suggested he move his car ... all within a few minutes and voila the police are there?!X Looks to me like there was a big olive in his martini !!!! Some people never know when to put down the shovel. None the less the bottom line is still: It is a crime to drink and drive, the sentence should be the same for everyone and the lenient punishments are not providing enough of a deterrent for society as this crime only worsens and worsens!!

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bye the way

- February 10, 2012 at 23:39:22

In all likelihood he was leaving the said parking lot.....saw the Police and tried the old parking the car routine.....Missed it by that much Chief.Why would anybody drunk or sober..... want to repark in a 2x4 lot.

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SET UP

- February 10, 2012 at 23:37:46

I do not know this young man but am willing to bet that this was a set up. He goes out to move his car in the parking lot. The police receive a call and are conviently in the area to observe the parking lot. How many times have you seen police respond that quickly. He was in court in a matter of 2 days, tried and convicted and received more punishment then some with 7 or 8 impaired charges. I am convinced that this young man was set up to end his career in politics.

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  Tobias

  - February 11, 2012 at 11:00:43

  If that is so then maybe somebody's life was saved. Maybe MacPhail's. Maybe somebody else's. I too am tired of the zippy one liners out of the Premier's office. I do not want to pay the salary of a driver unable to fullfil to his duties while things like seniors home repairs go unfunded. Time for this young man to sort things out on his own. Not on our tab. We certainly can't encourage this sort of action with such alcohol levels involved. After decades of struggle we still see too many people killed on our highways because of drunk driving.

Josh

- February 10, 2012 at 16:13:29

"Mr. MacPhail is currently on leave pending the result of his case," Geoff Townsend, director of communications for the premier's office. So from the result of this case, what is the outcome? Am I the only one who when originally reading this was under the impression that a guilty verdict would result in this man being fired? Correct me if I'm wrong but is he paid by the taxpayers?

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puzzled

- February 10, 2012 at 12:24:26

This many entries on such a simple topic is really a waste of time. The law is the law, no mater what side of politics you sit on. He was caught pled guilty and sentenced accordingly. His sentence including the option for ignition interlock is similar to other sentences handed down. The only issue that is really unresolved is the fact that his occupation is driving. I am unaware of any business that would continue to pay an employees wages if they are unable to complete their assigned duties and nor should we as provincial tax payers

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Chester

- February 10, 2012 at 11:10:26

Ok let's get down to practicalities here. Ghiz is going to have to get a new driver or drive himself. If he pays with our taxes for a new driver then MacPhail has to be let go. The Graphic story this week indicates he is still on the payroll. Enough of these snippets from Geoff Townsend. Let's see some action. We should not pay MacPhail's salary while we suffer cutbacks in government services. No way. Enough is enough!!!!

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dm

- February 10, 2012 at 09:35:48

MacPhail was prohibited from driving for 12 months but his right to drive could be restored after three months if he is accepted into the alcohol ignition interlock program and installs the necessary equipment on his vehicle. THOMAS: yes that means he lost his licence, for dui they take it right away. They take it serious here now and its about time, they say its still one of the biggest crimes on PEI.

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Islander

- February 10, 2012 at 00:15:53

I dont understand what this has to do with government. Was he working at the time? Was Premier Ghiz with him at the time? Was he being paid at the time of the incident? No. So why does Jamie MacPhail get this unfair treatment whereas others who caught intoxicated on public roads, and not private parking lots, where they were more likely to hurt someone get 3 sentences in the newspaper for a DUI whereas Jamie gets an entire article and the guardian fosters the ability for others to air out their dirty laundry on this young man. People need to step back and look at the facts. People make mistakes, I think Mr. MacPhail realizes now what he did was wrong and has never denied facing the consequences of his actions.

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  lana

  - February 10, 2012 at 09:31:11

  Agreed. I don't know anything about this person or his family, but I am shocked at the way this story was featured, and at the mean-spirited attacks and assumptions of so many of those who commented online. He has plead guilty and accepted his legal punishment, and I am sure he has learned his lesson very well indeed. I only hope he and his family can now be allowed to heal.

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  to Islander

  - February 10, 2012 at 11:09:45

  So true. It reflects poorly on our Island Media's (i.e. the Guardian) and some Islanders' unhealthy obsession about politicians and politics in general.

wobbly pops

- February 9, 2012 at 20:59:02

This is great news for Ghiz! All he has to do is drive himself around for 3 months and then after that he can blow in MacPhail's interlock device and pass him the beers!

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george willis

- February 9, 2012 at 20:58:51

Sounds like somebody may be just a little jealous of this young man's successful career! Better hope it does not come back haunt him. Also to all the people who want to throw dirty comments at this young man that got caught doing what we have all done before, be man-enough to put your real name beside your comment. Don't get me wrong, I believe he done wrong but let the politics stay out of it, and the courts(professionals) handle the rest! -george willis

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  Actually

  - February 10, 2012 at 09:06:42

  Actually we all have not done this. We have all made mistakes but dui is a choice not a mistake. I don't believe saying this is considered a dirty comment. Everyone's name is in the paper when charged with this crime, his picture is in because of his job. If it was a school prinicpal, coach, etc their picture would be in as well. As for leaving politics out of it, you tell me something on PEI that politics is not involved in! Oh, and yes you are definitely a REAL man because you signed your name.

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  Martin

  - February 10, 2012 at 11:03:59

  Successful career? He is a university graduate that is an overpaid cab driver, and may have got his job through a patronage appointment. Is that a successful career? Dumb comment!

charlie brown

- February 9, 2012 at 19:36:14

Next question,is it leave "with" pay or is he being shunned? Can't say as i blame him,he likely couldn't stand listening to ghiz like lies all day without a shot or 20!

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  archie bunker

  - February 9, 2012 at 20:57:28

  I would say with pay

Jocelyne Lloyd, web editor

- February 9, 2012 at 17:05:34

Thanks for your feedback, everyone. The story has been updated and now includes the driver's licence suspension for 12 months, with the ability to have that reduced to three months if he is accepted into the Interlock program and buys the system for his car. Jocelyne Lloyd, web editor

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Received a tip

- February 9, 2012 at 16:49:31

...that's interesting. Whoever called in the tip....better be careful about throwing stones when you live in a glass house.

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  Crime stoppers

  - February 9, 2012 at 17:05:40

  That's right, Received A Tip. You go around reporting crimes in progress and the next thing you know the Premier will be calling you 'crazy' in the national press and releasing all your emails and personal info to the world.

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  TO Crime Stoppers

  - February 10, 2012 at 11:06:32

  Now if all the 'crimes' were reported...we would all be living in a better place.

Jarrod

- February 9, 2012 at 15:53:48

As far as drunk driving offense go, Mr. MacPhail’s would fall into the lower end of the totem poll, in my opinion. What seemed like a quick park job quickly turned into the biggest mistake this chap probably ever made. He has undoubtedly lost his licence for a year, as dictated by the letter of the law. Just a simple omission in the story. Sorry to disappoint all the bellyachers who would love for nothing more than to be able to complain that the Premier’s buddies are getting preferential treatment. I’m sure Mr. MacPhail has a lot more to worry about right now than a bunch of anonymous, sanctimonious busybodies looking to make cheap political comments on the Guardian forum. On a separate note, didn't this make it to court extremely quickly?

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  To Jarrod

  - February 9, 2012 at 16:49:08

  Please explain what "lower end of the totem pole" actually means? You must be deep into politics when you refer pole as poll. Do you think he kinda, sorta broke the law? As for him reading the posts on here, hopefully they took his blackberry from him in Sleepy Hollow!! Cheer up your buddy only got one day!

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  Seriously

  - February 9, 2012 at 17:06:06

  I am sick of everybody justifying what he did! Even Jamie himself pled guilty!! Drunk driving is a very serious problem in this province. People are dying over it and families are being left to suffer!! There is no such thing as the "lower end of the totem pole" when it comes to drunk driving....EVER! Someone could have been walking through that parking lot and he could have run them over.....ask someone who has lost a family member to drunk driving! How many times have they said to themselves, "If only". It always comes down to seconds between life and death.....and the grieving families are left burying the dead! This is so much more than a momentary lapse in judgement, and believe me, Jamie isn't the only one who needs the lesson!

Just The Facts

- February 9, 2012 at 15:52:45

Please......would the Guardian clarify this story and simply tell readers if Mr. MacPhail's license was suspended and , if so, for how long and if not, why not. The reporter has done an incomplete job here.

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Ineta Know

- February 9, 2012 at 15:50:07

With all the cutbacks in health, is there any reason why young Ghiz needs a driver? Is it normal for a premier to have a driver? If so, what is involved in the job? Is this a fulltime position? Now who will be qualified to drive the premier wherever he needs to be driven, given this young man seems to be educated, but not too smart.

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  Haha

  - February 10, 2012 at 12:52:43

  I wouldn't worry about Ghiz getting around. He'll just take one of the many EA's sitting around gov members office to replace MacPhail's duties.

Captain Morgan

- February 9, 2012 at 15:49:53

Ghiz should have Ron McKinley respond to this story. McKinley will say that Rural P.E.I. has ,somehow, benefited from this DUI .Ron and Clifford (Lee) will want to send McPhail to Souris to drive a big red schoolbus around, transporting the unemployed fish plant workers on job interviews

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WOW

- February 9, 2012 at 14:47:24

Behind the wheel on the road whether parked or driving is quite understanable... But a "criminal offence" in a private parking lot?? How about in a two acre field on my own farmland in a country setting??

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  Drunk

  - February 9, 2012 at 15:51:49

  Believe it or not, it is illegal to cut your own grass while impaired I understand. Operating a motor vehicle while impaired does not require you to be on any public roads....I could be wrong, and if so, I apologize....but I am pretty certain of this

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  really

  - February 9, 2012 at 15:50:59

  Really? Are you seriously defending him? Even if you are drunk in your car without the keys in the ignition you can still be charged for imparied... They don't know he wasn't or already driving on the roads..

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  seriously

  - February 9, 2012 at 16:09:28

  I hope you don't have a license yourself. Snowmobile, ATV, public roads, back woods, and yes, even your own 2 acre field!!! ALL ILLEGAL to drive while drunk!!! To my knowledge it doesn't specify having to be found driving on a public roadway, just "operating a motor vehicle". You are still putting yourself and/or others at grave risk! There is NEVER a good enough excuse to do it!

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  bob macdonald

  - February 10, 2012 at 22:58:40

  I wish they would update this story to say where the the caller said they saw him? The police caught him in the parking lot but more than likely if someone suspected a car of drunk driving they would have seen them weaving on a road not in a parking lot. I think if he was Joe average citizen this fact wouldn't have been overlooked!

Jamie

- February 9, 2012 at 14:47:16

Well, if his license wasn't suspended, then I would think this has alot to do with Ghiz. The Guardian needs to clarify this, before people start thinking that there is one type of justice for the common folk, and another, more lenient, justice for Liberal cronies.

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  mej

  - February 9, 2012 at 16:50:39

  That would have nothing to do with Ghiz. I know someone who was charged with impaired and because they promised to use the INTERLOCK system, they were given their license back. He has to have his breath tested everytime he starts his vehicle and if he is found in a vehicle that isn't equiped with the system, his priveleges will be revoked. This practice has been in effect for sometime as far as I know.

mike

- February 9, 2012 at 14:47:04

He didn't realize it was a criminial offence to move his vehicle in a parking lot while impaired, really?? come on drinking and driving is up on P.E.I ITS TIME WE PUT A STOP TO THIS the fines should be more.they should take the car of the person drinking driving and auction it off so the driver wont do it again.its time to get M.A.D.D.

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  Resident Kane

  - February 10, 2012 at 14:26:21

  Really though. As the driver or the Premier he most likely is off graduated licensing. And in order to do that he would have had to taken a safe driving course. In that course they teach every student that just being in the car at the same time as the keys can lead to intoxicated operation. Excuses, barricades to block off the truth.

John Redcorn

- February 9, 2012 at 14:46:53

It's pretty obvious that he is going to lose his liscence. I don't think that it has to be written on here to figure that out. He will not get any better treatment because he was involved with the premier. I am a conservative and this makes me laugh the people think this might be covered up. He will get the same treatment as everyone else that gets caught for impaired.

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Shocking

- February 9, 2012 at 14:46:41

I can't believe Robbie Ghiz needs a driver-then again how is he going to find most rural places on PEI like Souris Montague Morell Gtown etc etc......

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Bill Stephenson

- February 9, 2012 at 14:46:05

The rules are the same for every first time offender with readings like those of MacPhail. Mandatory 1 year driving prohibition, subject to applying for an ignition interlock system after 3 months. 1 day in jail (released tomorrow at 6 am), $1000 fine, and $150 surcharge. Some judges say 3 days, but the effect is still the same after the counting and credit system at the jail is applied (released tomorrow at 6 am). You are welcome.

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  interlock system

  - February 9, 2012 at 15:50:50

  I bet Ghiz(taxpayers) will pay for this device!! Since it was only a mistake and he and his family are so good.

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  lana

  - February 9, 2012 at 16:08:03

  Dear Interlock System, you are wrong. Anyone convicted of driving under the influence who then opts to use the interlock system is required to pay for it themselves (and it's not cheap). By the way, given the intense public anger regarding drunken drivers, I predict there will soon come a time when all cars are equipped with such systems. This will be expensive but, like air bags and seat belts, it will reduce highway death and injury.

Nan

- February 9, 2012 at 14:45:31

It is against the law to operate a motor vehicle under the influence. Period. If it is the norm to takeone's licence away, then take the licence away. Zero Tolerance. I would say he is let go to do it again. And the next time may not have such a happy ending. Twice over the limit! Really! I am glad I was not a pedestrian in that parking lot at the time.

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  mej

  - February 9, 2012 at 16:49:18

  Read the story...it was a private parking lot, unless you were planning on tresspassing!

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  Poor Lana

  - February 9, 2012 at 18:18:52

  Sarcasm escapes you, I see. You think he'll pay for it himself? I thought someone would but it for me if I got caught, not.

Wondering

- February 9, 2012 at 12:53:13

What is 2/3 of 1 day? Is he out at 6pm. this evening?

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jp

- February 9, 2012 at 12:52:46

Who cares! How many others were caught that day...and some of them no doubtedly work for the provincial and federal gov...who cares if he drove a car for the Premier...really! Has nothing to do with Ghiz!

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Thomas

- February 9, 2012 at 12:52:40

DID MACPHAIL LOOSE HIS DRIVERS LICENCE????????????? Someone PLEASE follow this request up????? Let the public know.

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Really

- February 9, 2012 at 12:14:12

Question, Did Mr MacPhail lose his drivers licence. Did he????

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wow

- February 9, 2012 at 12:14:09

He didn't realize it was a criminial offence to move his vehicle in a parking lot while impaired, really??

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  bob macdonald

  - February 10, 2012 at 22:57:52

  Not only that but for some reason it is not being reported where the caller said they saw him? Which I suspect was on a public road. So yes he is being treated differently than other people!

come onl

- February 9, 2012 at 12:14:01

did he lose his license --

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Sterling

- February 9, 2012 at 12:13:26

OK yesterday I declined comment on this young fellow that I do not know from Adam. Tempted to aim a shot at Ghiz (to be seen as our worst premier ever in a few short months) I resisted. Let the young fellow take his lumps, reform himself, and get on with his seemingly promising life. But Judge Douglas is condoning ignorance of the law as an excuse for leniency, a definite no no for as long as we have had Anglo Saxon common law justice. Every mother's son from every back street in Charlottetown and every back road in every little hamlet across this fair isle knows completely well that getting behind the wheel drunk can lead to very severe punishment. I do not see that this fellow's license has been suspended for a year as is the usual case. I assume that this is an omission in the story. And I assume his job will be terminated by the Premier this afternoon. If these two assumptions are faulty then yes we have two tier justice on PEI, backed by both the judicial and executive branches of our government system.

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  willie

  - February 9, 2012 at 12:53:20

  Is this going to be protocal for this type of offence for anyone who gets caught and more importantly.... Did this "driver" have his license suspended?

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  Donna

  - February 9, 2012 at 15:51:35

  I assume his job will be terminated because automatically, according to current law, he is going to lose his license and thus can no longer perform his duties as a "driver" to Ghiz. But I'm always puzzled when I hear people insisting (and I often do hear this) that in addition to incurring the legal penalties imposed by our judicial system, people convicted of driving under the influence should also be punished by the loss of their jobs. indeed, many employers will refuse to hire anyone with a criminal conviction. But, what good does it do our society to deprive so many people of the ability to support themselves? Sounds like short-sighted vindictiveness to me ....