Refusal to give breath sample nets jail time

A Murray Harbour woman who refused to give the police breath samples after she flipped her truck over while driving with her 18-month-old son in the vehicle was sentenced recently to 25 days in jail.

Felicia J. Matheson, 29, appeared before Chief Judge Nancy Orr in provincial court in Three Rivers for sentencing after previously entering a guilty plea to failing to provide a breath sample.

Crown attorney Nathan Beck told the court that during the afternoon of July 25, Matheson’s vehicle ended up in a ditch and flipped twice.

Her 18-month-old son was in the vehicle but wasn’t hurt.

Beck said the police saw a case of beer in the vehicle, but Matheson refused to provide a breath sample.

Matheson had a prior impaired driving conviction from 2010.

Orr said the efforts the RCMP officer made to get Matheson to give breath samples on the approved screening device were noteworthy.

Matheson told the police she wouldn’t give a sample until her boyfriend arrived at the scene but then refused once he was there, despite his urging, Orr said.

Before sentencing Matheson, Orr said it was hard to believe nobody was injured.

“It’s only good luck as opposed to good management that nobody was hurt in this matter,” she said.

The court heard Matheson was remorseful and has been taking steps to deal with mental health and alcohol issues.

Along with the jail time, which Matheson will serve on weekends, she must perform 150 hours or community service or pay $10 per hour to the Eastern Kings Health Foundation for every hour not performed.

Matheson will be on probation for two years.