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Nine months for driving while prohibited, and two more DUIs

A lengthy record meant there was no leeway given to a man with a driving prohibition, even if he had just gone to pick up kids from the store in February.
Estevan Court House
Estevan Court House

A lengthy record meant there was no leeway given to a man with a driving prohibition, even if he had just gone to pick up kids from the store in February.

As a result, Ray Earl McCurdy was led away in handcuffs for a nine-month jail sentence after pleading guilty to operating a motor vehicle while disqualified.

On Monday, judge Margaret Gordon sentenced McCurdy in Estevan Provincial Court.

In Carnduff on Feb. 5, 2018, a police officer saw McCurdy driving, and upon recognizing him, pulled him over. His driving prohibition was from a previous impairment conviction, of which he had many on his record.

Crown prosecutor Chris White asked for a nine-month term of incarceration and a longer than minimum driving prohibition, both of which Gordon granted.

Defence attorney Susan Wurtz explained McCurdy went to pick up kids at the grocery store whose ride had bailed on them. “He was thinking with his heart, not his brain,” she said.

McCurdy, in his own defence, said, “If it wasn’t for the kids, I would have never drove.”

The judge pointed out it was good he hadn’t been drinking. “You have a past record,” Gordon said. “Incarceration, unfortunately, is the last alternative.

“Given your record, I wonder if, at your age, you’ll ever be licensed again.”

With that, she added a two-year driving prohibition from that date.

***

Chad Brandon, 30, of Estevan, pleaded guilty to driving with a blood alcohol level in excess of .08.

White said on Feb. 17, 2018, Estevan Police Service saw a vehicle driving with no headlights. The vehicle was pulled over and the officer noticed signs of impairment from Brandon, the driver. He subsequently blew .170 and .160, both at least double the legal limit.

His lawyer, Jonathan Goby, contended the lights were on, from what he saw in a video of the arrest. He noted Brandon is a journeyman pressure welder.

Goby asked for a nominal increase in the fine, and a minimum driving prohibition.

Brandon told Gordon, “I know I made a mistake.”

She fined him $1,100 plus the applicable victim surcharge and gave him a one-year driving prohibition.

***

Jordan Lucas Nelson of Turtleford also pleaded guilt to operating a motor vehicle with a blood alcohol level in excess of .08.

Someone called in regarding a suspected drunk driver approaching Estevan. He was seen by Estevan Police Service on Oct. 26 driving a white Ford erratically. White said police saw it swerving, almost lose control, and nearly roll.

Nelson blew .160 twice. He had been drinking over the course of the day in three cities.

“I work at home on the ranch,” Nelson told the judge when she asked if he was working.

“Do you have a ride today?” she asked.

“Yes,” was the reply.

Nelson was given a $1,200 fine plus a victim impact surcharge, along with a one-year driving prohibition. He has until Jan. 31 to pay.