Repeat drunk driver gets restorative discharge

A Pictou provincial court judge has sentenced a Westville man, caught driving drunk three times in a span of about two-and-a-half weeks, to a curative discharge.

In a decision released Friday, Judge Del W. Atwood said he was convinced that Gilbert Aaron MacBeth, 52, proved he needed the treatment to address his consumption of alcohol.

“Further, I find that his commitment to treatment is so unquestionably strong and his access to appropriate therapy sufficiently proximate as to allow the court to conclude, in this exceptional case, that the granting of a curative discharge would not be contrary to the public interest,” the judge wrote.

MacBeth pleaded guilty to the three offences as well as to two counts of breaching bail by consuming alcohol.

Police pulled MacBeth on July 15, 2016, and measured his blood alcohol concentration to be 170 milligrams of alcohol in 100 millilitres of blood, more than double the legal limit of 80 mg.

He was pulled over again July 17 and his blood alcohol concentration measured 160.

The third time came on July 31, when he measured a concentration of 90 mg. In that instance, police were waiting for him when he pulled into a driveway. This was also when MacBeth was in breach of bail, as he was under alcohol consumption restrictions as a result of the first two offences. The second breach of that restriction occurred when police found MacBeth under the influence of alcohol but not driving.

MacBeth was also convicted of alcohol-related driving offences in 1987 and 1994, which would normally lead to the imposition of mandatory minimum jail sentences.

However, Atwood wrote that he considered many factors in his decision, including that MacBeth has had a traumatic childhood, suffers from PTSD and bipolar disorder, and began abusing alcohol at age 12. MacBeth also has recognized his need for treatment and has been through detox more than 34 times.

The judge also noted MacBeth completed the residential treatment program at Talbot House in February and is taking part in a follow-up plan, including 12step meetings and sessions at the Pictou County Addiction Services office.

The curative discharge includes three years of probation, a two-year driving prohibition for each offence, to be served consecutively, and $300 in victim surcharges. Each bail breach netted $500 in fines and $150 in victim surcharges.