As the officer was trying to speak to him about providing a breath sample on a roadside screening device, Cuthbertson was attempting to text the complainant.
Cuthbertson, who has spent a month in custody on the charges, faces a further 90 days behind bars.
He received a suspended sentence, plus 18 months probation for the assault. on Feb. 23, wanting her meet him at Roosevelt Hotel for drinks and to talk.
Kirk pointed out to her a risk Puma Basket Mid
Cuthbertson was spotted a short time later by an officer who noted "he was looking down at his cellphone'' as he drove.
assessment form from the night of the assault, where she indicated Cuthbertson had threatened her in the past, had forced her to have sex on occasion, that he was jealous and had stalking behaviour and abuses alcohol and drugs.
"I know I have a drinking problem,'' Cuthbertson told Bignell, adding he goes to counselling once a week.
"The office had to grab the cellphone to get him to stop texting,'' Kirk said.
Cuthbertson was asked several times about providing the sample, but said he wasn't going to do it.
"She said no and he said he was coming to her house to get her,'' prosecutor David Puma Fenty Creepers Tan Kirk said.
The 37 year old was busy trying to text his ex girlfriend, who was the reason police had been searching for his vehicle and stopped him on a city street.
The accused had red, glossy eyes, an odour of alcohol on his breath and admitted he had been drinking.
The complainant testified she wanted to be able to have contact with Cuthbertson during his probation and eventually resume their relationship.
As he turned on Farwell Terrace, the officer initiated a traffic stop.
Cecil Cuthbertson just couldn't put down his cellphone, even when a police officer was attempting to get a breath sample from him.
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The light from the cellphone was reflecting on his face, Kirk said.
A city police officer went to the Roosevelt and noticed the unoccupied silver Chevrolet Cavalier in the parking lot.
She responded that he had hurt her and cheated on her too many times, and he sped away.
home and she refused to go outside, then decided to go out to check the licence plate number on the vehicle.
In April, he was out past his curfew and intoxicated violating two of his bail conditions.
have to do to stay sober. I've done it before and will do it again.''
Cuthbertson "grabbed her roughly by the shirt'' and tried to pull into the car, yelling he loved her, the assistant Crown attorney said.
He also was prohibited from getting behind the wheel for three years.
Man wouldn't stop texting ex
"I want to keep him on the straight and narrow,'' she said, indicating she loves him. "I want to see him get better. I don't want to see him in and out of the court system.''
Since he has two prior related convictions, Ontario Court Justice Kristine Bignell sentenced him to the minimum mandatory four month jail term for the refusal offence.
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