A Polish-Canadian resident here on an eight-month working visa yesterday pleaded guilty to impaired driving and, at the behest his employer, appealed a sentence that would have allowed him to remain on the roads.

In the early hours of December 8, Police officers conducting radar checks along Trimingham Road pulled over 31-year-old Jaroslaw Mieszawski after they noticed him driving his auxiliary cycle in an unsteady manner.

Upon questioning Police noted Mieszawski's eyes were glazed and speech slurred; he admitted to officers he'd "had a few.'' Mieszawski was subsequently taken to the Hamilton Police station where he was given a breath test, blowing 1.59; the legal limit is .08.

Before passing judgement, Magistrate Edward King was told Mieszawski needed transportation to get to work; he is employed as a tile setter at CedarBridge Academy, the new senior secondary school currently under construction in Devonshire. Mieszawski temporarily resides on Middle Road, Warwick.

"We work 12 hours a day, seven days a week. It's almost impossible for him to get to work without a bike,'' implored his employer.

Perhaps taken with the Christmas spirit, Magistrate Edward King agreed, telling the court: "I've considered disqualifying, however to impose a disqualification would impose a hardship not only on the defendant but on his employer, who cannot provide transportation.'' Mr. King added he was deciding to exercise his discretion, "backed up by legal authorities of the road traffic...whatever.'' Allowing Mieszawski to remain on the roads, Mr. King instead levied a hefty fine of $750.

However Mieszawski's employer appealed the fine, telling Mr. King it was too much.

"What do you want now? I expect to see something about this tomorrow in The Royal Gazette and on the radio, and now you want me to lower the fine,'' replied Mr. King, before promptly reversing his original sentence and handing down the standard $450 fine and 12-month road ban.