Clotheslining an intoxicated motorcyclist isn’t the typical method police use to stop someone.
But that’s what happened to David Adcock when he ran into Const. Russ Miller in the early morning hours of Aug. 12, 2010.
Adcock, 49, had spent the night consuming beer with a friend when he decided to ride a dirt bike through the trails of the Beaver Lodge Lands around 1 a.m.
Const. Miller was also in the area, when he heard the motorbike approaching, got out of his vehicle and stretched out both arms, indicating the driver to stop.
But Adcock, who later admitted in court to consuming around 10 beers, didn’t stop in time and was clotheslined by the officer’s arm, knocking him off the bike.
Defence lawyer Tom Bishop said the officer’s action was highly dangerous and Adcock could have been killed. Adcock, who wasn’t wearing a helmet and did not have insurance, did suffer some minor injuries and was charged with obstruction of a police officer and failing to provide a breath sample.
At his trial on Dec. 21, 2011, the father of two was found guilty of failing to provide a breath sample while the other charge was dismissed.
Adcock was back in Campbell River provincial court on Wednesday for sentencing, as Crown prosecutor David Fitzsimmons asked the judge to impose jail time, a one-year driving prohibition and the minimum mandatory fine of $1,000.
“It’s a crime he’s committed over and over again, and the Crown says the court needs to respond to that,” Fitzsimmons told Judge Brian Saunderson.
He also noted that Adcock has three previous impaired driving convictions from 1980, 1983 and 1993.
But Bishop disagreed and pointed out that failing to provide a breath sample isn’t the same as being convicted for impaired driving.
He also said the three previous convictions are dated and that Adcock is the sole provider for his children, earning meagre earnings from workers’ compensation and child benefits.
“Jail is not necessary,” Bishop argued. “For many years he’s been a good, law-abiding citizen…it would be a serious hardship to pay even the minimum fine.”
However, Bishop said that Adcock knows what he did was wrong.
“It was a stupid thing to do and he acknowledged that,” said Bishop.
Judge Saunderson readily agreed, “The defendant’s behaviour…was foolish in the extreme. He ought to have a good look at himself in the mirror.”
The judge said jail should be considered as a last resort and declined to incarcerate Adcock. Instead, Judge Saunderson fined him $1,500 and banned him from driving for one year.