Earl Fraser Waugh jailed for 10th impaired driving conviction in four decades

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By HEATHER MCLAUGHLIN
Canadaeast News Service

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A Saint John man was sentenced to two years in prison and given a 10-year driving ban after being found guilty of impaired driving, his 10th conviction for drunk driving in four decades.

"Impaired driving is a true crime and the law today treats it as such," said provincial court Judge John Walsh at Waugh's sentencing hearing. "The need to protect society is acute."

During a June court appearance, Walsh found Earl Fraser Waugh, 52, guilty of drunk driving after he was picked up by RCMP doing 161 kilometres per hour along the Trans-Canada Highway near New Maryland at 1:16 a.m. Aug. 16, 2008.

Walsh acquitted Waugh of a second charge of breathalyzer refusal after deciding that police had infringed on Waugh's right to legal counsel of his choice.

"I'm sorry for what I've done. That's all I can say, your honour," Waugh told the judge yesterday, but muttered at Walsh when the sentence was pronounced.

Crown prosecutor Cameron Gunn pressed for a sentence of more than three years, arguing the sentence was necessary in the interest of public safety.

Waugh's lawyer Brent Dickinson of Woodstock said the case law Gunn relied upon was based on patterns much more serious than Waugh's. He said the cases that Gunn quoted consisted not only of several offences, but repeat offenders who aggravated their circumstances by driving while prohibited, committing second offences while awaiting trail for earlier impaired driving charges or were involved in accidents. Gunn cited a 2008 New Brunswick Court of Appeal decision in the case of Brian Edgett in which Edgett had 11 alcohol-related driving offences that warranted a serious sentence.

Walsh quoted Edgett in his decision, saying it has set a benchmark for higher sentences depending on the case.

"There is no need to wait for tragedy to strike and for the loss of limb or life to some innocent user of the roadway before crafting a sentence that will properly denounce Mr. Waugh's repetition of such dangerous and unlawful behaviour," the judge said, quoting part of the Edgett ruling.

Even though Waugh didn't have an accident on the night of his Aug. 16 offence, Gunn said it was his 10th offence for impaired driving. Despite attending Ridgewood for 28 days for alcohol detoxification in 2005, Waugh doesn't show much potential to resolve his alcohol addiction through rehabilitation, Gunn said.

In a pre-sentence report prepared by provincial Department of Public Safety probation and parole officer Jerry Clarke, Waugh said that he didn't feel he needed treatment or that he had a problem even though he consumes 12 beer per day.

"He was not going to stop drinking (daily). He was going to sell his cars," Clarke told the court.

"His consumption is excessive and yet he sees no issue. His conduct is dangerous and yet he sees no issue," Gunn told the judge. "Public safety is paramount."

Waugh also has a problem with a prescription painkiller -- dilaudid. He broke his back in 1997 and has had three surgeries since and is unemployed

The court also was told he's in a 17-year common-law relationship and his common-law spouse said he was a good husband and father.

Waugh had six offences between 1978-84. After an 11-year gap, he was convicted four times between 1995-2009, Dickinson said.

Despite the gap in offences, the judge said he was satisfied that Waugh poses a grave risk to reoffend and that there was a need to deter Waugh.

The judge said Waugh has poor motivation to change and in his most recent conviction was so drunk that he had to be assisted to walk at roadside by the arresting RCMP officer.