P.E.I. man gets jail for fourth driving ban breach

A P.E.I. man with three prior driving while disqualified convictions has been sentenced to 90 days in jail for his most recent offence.

Rodney James Milligan, 56, pleaded guilty to the charge and was sentenced on April 5 in provincial court in Charlottetown.

On Jan. 28, Milligan was driving on Fitzroy Street and was pulled over by Charlottetown police in relation to a traffic offence, said Crown attorney Molly Murphy at sentencing. Milligan was also arrested and charged for driving while disqualified. Milligan admitted to police that he knew he shouldn't have been driving.

Previously on March 6, 2023, Milligan was sentenced by Judge Nancy Orr for breaching an earlier driving prohibition and was sentenced to 60 days in jail. He also received a two-year driving prohibition plus the 60 days in jail. It was that driving prohibiton that he breached on Jan. 28.

Milligan's criminal record now includes four driving while prohibited convictions along with six impaired driving convictions since 1995.

Murphy requested a higher jail sentence than the one previously imposed in March 2023 along with another driving prohibiton consecutive to the one he breached.

Legal-aid lawyer Chris Van Ouwerkerk acknowledged that a "step-up" sentence compared to the prior offence was expected.

He requested a 90-day jail sentence to be served intermittently.

Van Ouwerkerk argued for an intermittent sentence because of Milligan's personal circumstances, namely, that he is taking care of a family member with dementia and is concerned that he will lose his apartment if he has to serve the sentence as straight-time. Milligan is self-employed as a carpenter.

Van Ouwerkerk also noted that Milligan has struggled with alcohol addiction.

Chief Judge Jeff Lantz accepted Van Ouwerkerk's recommendation and imposed a 90-day jail sentence to be served intermittently along with an 18-month driving prohibition consecutive to the previous one.

Milligan will be on probation until the intermittent sentence is served in full. Milligan was also ordered to pay a $100 victim surcharge.