Whitehorse Daily Star

Yukon driver’s next destination: a federal prison in the South

A man with a history of drunk driving will spend the next two years in federal prison.

By Rhiannon Russell on August 25, 2014

A man with a history of drunk driving will spend the next two years in federal prison.

Earl John Macleod, 53, was sentenced this morning in territorial court.

He had pleaded guilty to two counts of driving while impaired and driving while prohibited earlier this year.

Macleod has 10 prior related offences dating back to 1981.

Chief Judge Karen Ruddy said the sentence, which includes 18 months of probation and a 10-year driving ban, takes into account Macleod’s history and the principles of denunciation and deterrence.

She encouraged him to take advantage of programming and services while in prison to treat his alcohol issues.

“It’s my hope that you use these next two years in custody to get yourself clean,” Ruddy said. “Good luck to you.”

On April 17 of this year, RCMP conducting traffic stops along the South Klondike Highway noticed a headlight missing on the car Macleod was driving.

He told officers his name was Carlton Macleod and gave his date of birth.

They soon discovered no one existed with that name and birthdate, but found that someone named Earl Macleod did.

Macleod had been prohibited from driving, and the car had expired plates.

Officers noticed a smell of alcohol coming from the car.

After Macleod gave several breath samples incorrectly, his blood alcohol content was recorded, on two tests, as 120 and 130 milligrams per 100 millilitres of blood.

Just five days later, RCMP noticed a car driving near Two Mile Hill with an expired plate.

Officers pulled over the driver, Macleod, and found the plate was registered to someone who was prohibited from driving.

RCMP also noticed a couple of open and unopened cans of beer in the vehicle.

Two breath tests recorded Macleod’s blood alcohol content as 180 and 170 milligrams per 100 ml of blood.

The sentence was the result of a joint submission by Crown prosecutor John Phelps and Macleod’s lawyer, David Christie.

Phelps said it would allow for Macleod to access treatment through the federal correctional system.

“I think this is going to be such a significant punishment for him ... but it still has the rehabilitative element with the probation,” Christie said.

He said his client, a licensed body mechanic technician, was adopted after his birth in Montreal.

His adoptive father died when Macleod was 18, and his mother now has dementia and is living in a care home.

Macleod has been struggling with feelings of grief and depression, Christie said. He’s been trying to help his sister in taking care of their mother.

“He describes himself as a hard worker,” Christie said, adding his client has found good work in his field in the Yukon.

Macleod knows he needs help with his alcohol issues, he said, and his goal is to enter the parole system and a halfway house.

Ruddy handed down 30 months for each impaired driving charge, to be served concurrently, as well as six concurrent months for each charge of driving while prohibited from doing so.

With six months’ credit given for time spent in custody, Macleod will serve a total of 24 months.

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