CADA Calls For Mandatory Driving Ban For DUI
CADA has called for the Attorney General’s Chambers and the legislature to “move swiftly” to re-institute the mandatory driving ban for those convicted of driving while impaired.
CADA also called for the judiciary to “practice within the spirit of the law in the meantime.”
In recent weeks, Magistrates have allowed quite a few people convicted of driving while impaired to keep their driving licence due to what Magistrate Khamisi Tokunbo termed a legal “blunder.“ The Magistrate said the law had been recently amended and the requirement for mandatory disqualification for driving whilst impaired had been left out.
In April 2013, Attorney General Mark Pettingill said he concurred with the Magistrate about the “blunder”, and said that they plan to amend the law.
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.
Mr Pettingill speaking about the issue in April:
Speaking last night, CADA Chairman Anthony Santucci said: “CADA is a non-partisan organization which advocates for responsible alcohol behavior. CADA is deeply concerned by the developing trend of road users, convicted of driving, while over the legal limit of alcohol, not receiving the driving ban.
“We know this is due to the technical error, made in October last year, when the Penalties Section of the Road Traffic Act was amended in an endeavor to increase the mandatory driving ban, for driving while over the legal limit of alcohol, from 12 months to 18 months, this amendment certainly used the words ‘18 months’, but left out the word ‘obligatory’.”
Mr. Santucci added, “CADA is therefore calling for the Attorney General’s Chambers and the legislature to expeditiously rectify this technical error. CADA is also calling for the judiciary to practice within the spirit of the law in the mean time.
“Drinking and driving is a dangerous and deadly practice. It is unacceptable worldwide, and carries severe penalties in most countries. Bermuda should be no different.
“There are alternatives to drinking and driving. Those who intend to drink should remember CADA’s mantra and put a plan in place before they leave home – ABCD, Always use Bus, Cab or Designated Driver.”
I find it astonishing that the Magistrates have not imposed a ban on all those convicted of driving whilst intoxicated. To say that they are not obliged to is at best churlish and could be said by some to be dereliction of duty. As stated by the AG, it was clearly the intention of Parliament that the suspension of licence be increased from 12 months to 18 months and it is the duty of the court to carry out Parliament’s intention.
It is one thing to point out a ‘blunder’ in the wording of a statute, it is entirely another to exacerbate it by ruling contrary to the spirit of the law, contrary to common sense and contrary to common consent.
By not imposing the ban are the Magistrates then saying that driving whilst intoxicated should not result in a suspension? because that is the effect of their action.
I sincerely hope that one of those they allow to keep their licence does not cause a serious accident within the next 18 months, when the Magistrate could have used his discretion and prevented it.
The irony is that the Magistrate himself pointed out that a ‘blunder’ had been made. Thus, he clearly knows what the real intention of Parliament is despite their mistake. Since the Magistrate’s duty is to carry out the intentions of Parliament, there seems to be quite a problem.
anyone convicted of driving drunk should be banned!
and the 2nd time banned for Life.
Lawmakers in this country = bunch of AMATEURS!!!
It’s designed for some and not for all. Depends who you know and who you are!