The Accused had two prior convictions for Refusing a Breathalyzer and Driving With More Than 80 mgs. of Alcohol in Blood. The Crown originally sought a 30-day jail sentence and a two-year driving prohibition, by way of a second offence. Jason Malloy set the matter for trial, then resolved it, by way of a first offence, for a one-year driving prohibition and a $5,000 fine.