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Yesterday, the local singer was convicted of refusing to provide a breath sample after provincial court Judge Paul Sully dismissed his application to have evidence in the case excluded over charter rights violations.
Zappacosta, who was not in court due to a professional engagement outside of Alberta, was fined $690 and prohibited from driving for one year.
An impaired-driving charge from the same incident was earlier withdrawn.
The judge ruled Zappacosta's charter rights were not violated by the police officer who had pulled him over.
Defence lawyer Ravi Prithipaul had argued it took too long for the officer to demand a breath sample because he had to get a screening device delivered. He also argued Zappacosta was denied his right to speak to a lawyer and said the Crown failed to prove the device was an approved instrument.
In a written decision, Sully said the arresting officer had a reasonable suspicion that Zappacosta had been drinking and was entitled to demand a breath sample without advising him of his right to seek legal counsel. As well, he ruled that a short delay waiting for a screening device to be delivered is also not unconstitutional, and said there was no evidence the Alco-Sensor was not an approved instrument.
Some of the evidence which Zappacosta wanted excluded from the case included his admission to the officer that he had too much to drink that night.
Court heard earlier Zappacosta was pulled over in the city's west end on Sept. 7, 2000, after he was seen driving erratically.
Zappacosta, a pop star in the 1980s, won a Juno Award in 1984 for most promising male vocalist for a self-titled album. Last summer he played the lead role in Jesus Christ Superstar at Halifax's Neptune Theatre.