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Court Briefs

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  |  Posted: Saturday, Jan 25, 2014 06:00 am

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Slammer time

An 18-year-old Edmonton man was put behind bars – temporarily – in St. Albert court Monday, to get a taste of what it's like on the inside.

Dalton Kane Raimundo pleaded guilty to one count of breach of probation and one count of failure to comply with the conditions of his undertaking.

On Sept. 4, 2013 St. Albert RCMP officers on patrol found Raimundo and two other youth (at the time) taking a stroll outside at 2 a.m. Officers found Raimundo in breach of two court ordered conditions: he was out past his curfew and with an individual he was not to be in contact with. He was on 12 months probation for a break and enter conviction from October 2012.

When asked by Judge Norman Mackie what he was up to that night, Raimundo initially did not remember.

"Were you high on drugs? Were you impaired by alcohol?" asked Mackie.

"Do you have some mental deficits? Other than being stupid that is."

On Mackie's order, the 18-year-old was handcuffed and place into custody at the courthouse for an hour. Once brought back out for his sentencing, Raimundo explained that a friend (the one he was not to be in contact with) picked him up from his dad’s house in Edmonton that night so they could "party" in St. Albert.

Raimundo was recently put under a probationary condition to have no contact with his father, the result of an assault last month, which landed the 18-year-old 18 days at the Edmonton Remand Centre.

"It was very unpleasant," said Raimundo of his stint in the slammer. "There was a lot of pain. The food sucked. Beds sucked. It sucked in general."

Raimundo was handed a $500 fine on each charge, plus a victim fine surcharge.

"If you don't work (your fines) off, you can look forward to spending the Victoria Day long weekend behind bars," added Mackie.

Curative discharge

A man has potentially avoided a criminal record after being caught driving with a blood alcohol level twice the legal limit.

Rolando Fernandez Garcia pleaded guilty to having a blood alcohol level over the legal limit in court Monday.

Fernandez Garcia was pulled over by RCMP on July 25, 2013, the officer noting signs of alcohol impairment. He gave a breath sample of 160 milligrams of alcohol in 100 millilitres of blood, twice the legal limit.

Court heard the 41-year-old has no criminal record and is a permanent resident in Canada. Defence counsel asked for a curative discharge because of his immigration status.

Curative discharges are only applicable to impaired driving related offences. For a discharge to be granted, the court must hear that the person has significant alcohol dependence and is in need of curative treatment.

According to his defence counsel, Fernandez Garcia went straight to rehab after being charged and has been attending Alcoholics Anonymous and meeting with a psychologist on a regular basis. He has been sober for the past six months.

Mackie granted Fernandez Garcia a curative discharge that would have him undergo 18 months of probation – one of the conditions being to abstain from alcohol and other intoxicating substances – and a one-year driving prohibition.

If he abides by the terms of this probation, Fernandez Garcia will not have a criminal record.


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