Councillor pleads guilty
Published Thursday October 29th, 2009
A Riverview town councillor has been fined and had his drivers licence suspended after pleading guilty to failing the breathalyser.
Robert Weldon Hyslop, 72, was charged with summary counts of impaired driving and with having a blood-alcohol level above the legal limit of 80 milligrams of alcohol in 100 millilitres of blood. He was arrested Sept. 24, 2008.
Hyslop originally pleaded not guilty through defence lawyer Wendell Maxwell and was scheduled to stand trial last summer in Moncton provincial court. But Maxwell requested that the matter be adjourned on the day of the trial and said it would likely be resolved.
The case was supposed to return to court next week, but was brought in yesterday at the request of the defence.
Hyslop pleaded guilty to failing the breathalyser and the other charge was withdrawn.
Crown prosecutor Michel O. LeBlanc told the court police pulled over a vehicle at the corner of Cromwell and Westminster Avenues, just off Coverdale Road, after receiving a complaint about an erratic driver weaving over the centre line.
The court was told Hyslop, a first offender, blew .130 on the breathalyser, while the legal limit is .08. Judge Irwin Lampert fined the defendant $1,000, plus a $150 victim fine surcharge and gave him until Feb. 28 to pay. If the fine is not paid at that time, Hyslop could face 20 days in jail.
Lampert also banned him from driving anywhere in Canada for one year.
Hyslop has served on Riverview council for approximately 14 years.
According to the Department of Local Government, there is nothing in the Municipalities Act that says a councillor can't keep his or her seat if charged with a criminal offence. An individual would only lose their seat if convicted of an offence punishable by imprisonment for five or more years -- not the case with a summary conviction -- or if convicted of certain crimes involving government corruption.
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On the bright side, after all this foolishness he still loses his license, pays a fine and has a nice lawyer's bill to add to the tab.