Attorney General: We Will Amend The DUI Law

April 24, 2013

[Updated with video] Attorney General and Minister of Legal Affairs Mark Pettingill today [Apr 24] said he concurred with the Magistrate who stated that a “blunder” resulted in driving disqualifications no longer being mandatory for drunk driving convictions, and said they plan to amend the law.

Yesterday Magistrate Khamisi Tokunbo said there had been a legal “blunder” and that disqualifications were no longer mandatory for convictions for driving whilst impaired. Due to this, 24-year-old Paget resident Richard Spencer was allowed to keep his driving licence after he pleaded guilty to driving whilst impaired.

Mr Pettingill said that in October 2012 the Government amended the Road Traffic Penalties Act to raise the penalty for impaired driving from 12 months off the road to 18 months. However when the law was passed, the actual phrasing left out the word “obligatory.”

“What occurred as a result of a slip is a technical defense that the Magistrate has rightfully raised,” said Mr Pettingill. “It was the intention of Parliament it should be an 18 month suspension.”

The Attorney General said that when Parliament gets back in session next month, they will bring forth an amendment which will add the word “obligatory” for the offense of impaired driving.

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Comments (8)

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  1. Nuffin but da Truth says:

    GOOD!
    I don’t want a Drunk driving on the roads I use,it’s bad enough with so called SOBER drivers.

  2. Kenneth Maybury says:

    unbelievable such elementary mistakes.

  3. Terri says:

    OK, you have found this error, I hope there aren’t any more in regards to new laws passed or ones already in existence. I hope some legal expert can go through and amend laws which are outdated, penalty does not fit the crime, etc., and dont wait til another smarta$$ can make you look stupid up there on the hill.

  4. Did he do it? says:

    This is the biggest bull I have heard! Even though it doesn’t say ” Mandatory” or “obligatory”‘ , the judge can still use his discretion! He knows how much everyone gets for impaired driving and can still issue what everyone else gets! Good try but he still need to go! Feeble attempt to cover for him Pettingill.

  5. Cookie says:

    These kinds of errors are unacceptable. I think anyone caught driving whilst impaired should be jailed for 30 days & a suspended licence for up to 6 months afterward.

  6. Ant Sim says:

    Ok so I have a thought. we have increased the penalty to 18 months, but under Bermuda law if you are given 18 months or more off the road you are allowed to write in for half time. so in effect we are shortening the sentence to nine months if appeals are still allowed for half time. Just a thought.

  7. really says:

    In NYC and other places around the world if you are caught you’re off the road for life, look it up. the laws passed maybe 5 years ago.

  8. nuffsaid says:

    And before any disqualified driver gets their license back have them go to traffic school to learn to drive again. Oh yeah ..It will cost them to go to traffic school, because that is how the officer gets paid (side hustle). These classes taught by a officer can be held during the lunch break so as to not interfere with a persons job obligations. If a person gets to write in and request that they get to take off 1/2 of the time of the road then they will need to do at least two class sessions. If they decide to do the full time off the road then they need only do 1 class session.

    Let’em pay to be the boss. A fine and paying for classes might help people think before they drive irresponsibly.If not money talks and walks!!Maybe Drives;-D