Nine tries at breath sample gets five days jail for Charlottetown man

Ryan Ross rross@theguardian.pe.ca
Published on February 6, 2016

Chief provincial court judge Nancy Orr.

©Submitted photo

Wendell Miller MacQuarrie, 48, was seen by police speeding, driving in middle of road

A man who tried nine times to blow into a breathalyzer was sentenced recently to five days in jail.

Wendell Miller MacQuarrie, 48, appeared before Chief Judge Nancy Orr in provincial court in Charlottetown where he pleaded guilty to impaired driving.

The court heard a Charlottetown police officer was on patrol at 12:50 a.m. on Nov. 7, 2015, when he saw MacQuarrie's vehicle speeding and driving in the middle of the road.

When the police tried to administer the breathalyzer, MacQuarrie was given nine chances to provide an appropriate sample.

All of them were invalid.

MacQuarrie's lawyer Jason Morais said his client tried to provide valid samples.

Along with the jail time, Orr fined MacQuarrie $1,200 and ordered him to pay a $360 victim surcharge.

MacQuarrie is banned from driving for one year.