three-year driving ban last week.

Steven Smith, 52, of Douglas Drive, told Senior Magistrate Will Francis on Friday that he did not have a drinking problem despite being arrested twice in two months for impaired driving.

Prosecutor Wilbert McLean told Mr. Francis that shortly after 6.30 p.m. on April 8 Police saw Smith on a motorcycle travelling east on North Shore Road in Pembroke.

They saw him attempt to slow down, but he lost control of the cycle and fell over.

Sgt. McLean said Smith tried to pick up the cycle, but was unable and as officers approached him. They noted that he appeared to be drunk.

Sgt. McLean added Smith was asked if he had been drinking, but all that he was able to give Police "were unintelligible answers''.

After initially agreeing to give a breath sample, Smith refused to give one at Hamilton Police Station.

He also pleaded guilty to riding the same Suzuki cycle while impaired on May 10.

Sgt. McLean said Police saw Smith on Montpelier Road, Devonshire, at 1.45 a.m.

The cycle did not have lights and he was weaving about the road.

Smith negotiated his way onto North Shore Road and accelerated to high speed before being stopped near Tee Street.

When he was cautioned, Smith told Police: "Why didn't you arrest the white guy on the other bike? I'll take one (a breath test).'' But at Hamilton Police Station, he refused to take the breath sample.

Upon hearing this, Mr. Francis ordered Smith to pay a $500 fine for each offence and banned him from driving all motor vehicles for three years.