Drunk driver who blamed witness for his erratic driving gets jail time

Ryan Ross rross@theguardian.pe.ca
Published on March 9, 2016

Scales of justice

When James Russell Myers was arrested he told police he had three shots of whisky after he had stopped driving.

His breathalyzer samples suggested otherwise.

On Monday, Myers, 56, was in provincial court in Charlottetown where he pleaded guilty to impaired driving after his arrest in November

Chief Judge Nancy Orr sentenced him to 16 days in jail.

The court heard that on Nov. 27 at around 10 p.m. a witness reported an erratic driver who repeatedly sped up and slowed down.

At one point, the witness saw the driver, who was later identified as Myers, almost cause a head-on collision.

The witness followed Myers for a few minutes and saw him pull into a driveway where he stumbled out of his car and went into a house.

When the police arrived Myers defended his driving and said the witness had been driving too close behind him.

After his arrest, Myers said he had two drinks at a bar and three shots of whisky after he stopped driving.

When he gave two breathalyzer samples his blood alcohol level was above the legal limit and on the way down.

Orr said because the breathalyzer readings were going down, not up, they suggested Myers hadn't recently ingested alcohol.

Myers had a previous related record.

Along with the jail time, Orr fined Myers $1,000 and ordered him to pay a $300 victim surcharge.

Myers is banned from driving for one year.