Conviction followed 2010 crash near Oxford
HALIFAX – A Pugwash Junction man will not have to remain in custody while he appeals his five-year prison term for impaired driving.
Stephen Daniel Polley, 41, was convicted in May and sentenced in September for charges of impaired driving, dangerous driving and driving while disqualified. He has been in custody since.
He filed a notice of appeal in December with an appeal hearing set for April 15.
Justice Duncan R. Beveridge released Polley from custody following a Dec. 19 hearing.
In a written decision handed down Dec. 31, Beveridge said he is confident Polley will surrender himself into custody if and when required. While the Crown initially raised concerns that he might not surrender himself, the judge said he has ties to Nova Scotia – including a wife and three young children – that would preclude him leaving.
The terms of his release include $5,000 with two sureties, numerous conditions (including a driving prohibition and no use or possession of alcohol) and a curfew he must abide by.
He must also be at his residence except when working with Pinaud Drywall Services or for one, four-hour period each week to attend personal errands in the company of one or both of his sureties.
Polley has a criminal record dating back 22 years to 1991 and has four previous convictions for impaired driving.
In his sentencing decision, provincial court Judge Paul Scovil said it was “nothing short of a miracle” that no one was killed or injured on May 29, 2010 when Polley’s vehicle crashed into a ditch on Highway 104 near Oxford after swerving in front of a tractor trailer and losing control.