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P.E.I. man sentenced to 90 days for failing the breathalyzer


A P.E.I. man who was caught driving drunk less than a year after a conviction for the same offence was sentenced recently to 90 days in jail.

Kenneth Brandon Myers, 22, appeared before Chief Judge Nancy Orr in provincial court in Charlottetown where he pleaded guilty to failing the breathalyzer and driving while prohibited.

The court heard that on Nov. 17 at around 8 p.m., an RCMP officer at a gas station in Mount Stewart saw Myers looking unsteady on his feet as he left the store.

That officer pulled Myers over as he started to drive away.

Myers initially denied drinking but later provided breathalyzer samples that were about twice the legal limit.

He was also under a driving prohibition at the time for a drunk driving conviction from last year.

Before sentencing Myers, Orr said the fact it hadn’t even been a year since his last conviction was an aggravating factor, as was the driving prohibition.

Orr asked Myers if he had a problem with alcohol, to which he responded that he didn’t.

“Then it’s an attitude problem,” Orr said.

Along with the 90 days in jail for failing the breathalyzer, Orr also sentenced Myers to 30 days to be served concurrently for driving while prohibited.

Myers will serve the sentence on weekends and will be on probation for 18 months.

Orr also ordered him to perform 100 hours of community service or pay $10 per hour not performed, with that payment at his probation officer’s discretion.

Myers is also banned from driving for two years.

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