On December 18, at about 9 p.m., a civilian complaint alerted Drumheller RCMP to a possible impaired driver at Winks in Drumheller. An officer attended to the scene and observed Smith, who appeared to be significantly intoxicated. When the officer asked Smith whether he had anything to drink on this evening, he replied, “Lots.” Smith was taken to the local detachment where he refused to provide a lawful breath sample.
Because Smith has previous convictions related to operating a motor vehicle and alcohol, there is a mandatory punishment of 120 days incarceration.
The court also heard that this January, police had conducted surveillance on Smith’s home on 4th Street West in Drumheller, and noticed a pattern of traffic that indicated possible drug trafficking. Smith was arrested and on his person, they recovered cash and 1.5 grams of marijuana. A search warrant of his home was executed, and in all, 426 grams of marijuana was seized. He has previous convictions for drug offenses that date back to 1999 and 2003.
Defence for Smith and the federal prosecutor submitted a joint submission for four months in custody.
Judge P. M. McIlhargey agreed with the submission.
Smith was sentenced globally to eight months; four months for the possession for the purposes of trafficking charge and 120 days for the refusal to provide a breath sample charge. He was given six days credit for time he spent in custody. He was also given a three year driving prohibition.