BY KIRK STARRATT
Kings County Advertiser/Register
A Kings County councillor who entered a guilty plea to an impaired driving charge in December has had his sentencing adjourned to April.
Reginald Eric Smith, 69, New Minas; appeared before Judge Alan Tufts in Kentville Provincial Court Jan. 13.
The matter had been adjourned to allow time for a pre-sentence report and for sentencing, after Smith entered a guilty plea Dec. 2 to a charge of having care or control of a motor vehicle having consumed alcohol in such a quantity the concentration in his blood exceeded 80 mg of alcohol in 100 ml of blood, the legal limit. Smith’s blood alcohol readings are not available.
December 2, the Crown withdrew a charge of having the care or control of a motor vehicle while his ability to operate a motor vehicle was impaired by alcohol or a drug. An application has been made to the court for a curative discharge in the matter. However, the Crown is seeking a period of custody.
During the Jan. 13 appearance, defence attorney Chris Manning told the court “the turnaround time was very quick” from the December court appearance to the Jan. 13 appearance, especially considering the holiday season. Smith has scheduled a meeting with Addiction Services for Jan. 28. Manning pointed out, usually, someone from Addictions Services would testify in a matter such as this.
He said Smith’s pre-sentence report “speaks strongly” about Smith’s desire to seek treatment. Manning asked for the matter to be adjourned so the court could hear testimony from someone with Addictions Services. The Crown had no concerns with this.
Judge Tufts agreed and, taking into consideration the Crown’s position and that “the law requires evidence,” Tufts adjourned sentencing to April 20.
The charge stems from an incident in New Minas Sept. 28, 2010. Smith was involved in a single-vehicle collision at the intersection of Commercial Street and Middle Dyke Road. There were no major injuries as a result of the incident, but a light standard was damaged and the traffic lights were temporarily disabled.
There is nothing under the Municipal Government Act that requires a councillor charged with or convicted of impaired driving to resign his or her seat. Smith was convicted of impaired driving in 2008 while serving as a councillor, prior to being re-elected to a second term. Prior to the Dec. 7 Kings County council session, Smith made a public apology to Warden Diana Brothers, fellow councillors and constituents for the Sept. 28 crash.
“I accept full responsibility for my actions and will continue to deal with the matter in a sincere and positive manner,” the District 11 councillor said, pointing out he was not performing council business at the time of the single-vehicle collision and has no plans to resign.
Smith said, on the advice of his lawyer, he would not be speaking further on the matter.
kstarratt@kentvilleadvertiser.ca
