Drunk driver’s language gambit fails
Jackson Lear Brooker, 24, of Fredericton, asked cops for service in French this spring despite not understanding language; he was fined, barred from driving for 12 months
A unilingual anglophone being investigated by police for impaired driving along a Fredericton street this spring asked for service in French, but the tactic didn’t shield him from being charged.
Jackson Lear Brooker, 24, of Jessica Street of Fredericton, appeared in provincial court Friday to answer to a charge of impaired driving, to which he pleaded guilty.
Crown prosecutor Kathleen Jacobs told court that at about 3:20 a.m. May 20, a city police officer noted a vehicle along the side of Alison Boulevard near the ditch.
“The vehicle was running, but it was in park,” she said.
The officer checked on the driver - who turned out to be Brooker - and he was leaning on the car door, court heard.
Brooker was slurring his words, the prosecutor said, and the officer made a standard active offer of service in his chosen official language.
The defendant chose French, Jacobs said, and that prompted the officer to call in a bilingual colleague to handle the call.
During the wait, she said, the officer also noted Brooker smelled of alcohol.
“When the French officer arrived, Mr. Brooker did not appear to understand his rights in French,” the prosecutor said.
Unable to understand the francophone communication, court heard, Brooker switched his language of choice to English.
He was eventually brought to the Fredericton police station and administered breathalyzer tests, Jacobs said, which revealed his blood-alcohol level to be 140 milligrams of alcohol per 100 millilitres of blood. That’s almost double the legal limit of 80 mg.
Brooker has no prior criminal record and is youthful, said Jacobs, which are mitigating factors in his favour.
However, she said, the higher reading called for an elevated fine.
Defence lawyer Emily Cochrane noted her client pleaded guilty at the earliest opportunity.
She said he’s already suffered a penalty for his actions. Brooker is self-employed, the lawyer said, and his licence being suspended has limited his ability to earn a living.
Judge Scott Brittain imposed the mandatory minimum fine of $1,500, given the higher blood-alcohol reading, as well as a one-year prohibition against driving.
Don MacPherson can be contacted at ftonindependent@gmail.com.
Mon Dew :)