Court: Impaired Driving Appeal Dismissed

April 12, 2018

The court has dismissed an appeal by Mark Wilson, who was convicted of driving while impaired, refusing a breathalyzer, and behaving in a threatening manner towards a police officer

The Court’s ruling said, “The Appellant was tried and convicted by the learned Magistrate, Mr. Khamisi Tokunbo, on 14 November 2017 in respect of offences which were committed on 30 April 2017.

“On Count 1 the Appellant was convicted for having care and control of a vehicle while his ability to drive was impaired by alcohol or a drug, contrary to section 35AA of the Road Traffic Act 1947 [RTA].

“On Count 2 he was convicted under section 35C[7] RTA for refusing, without reasonable excuse, to comply with a demand by a police officer for samples of his breath for analysis.

“The final charge upon which the Appellant was convicted was for behaving in a threatening manner towards a police officer by attempting to head-butt the officer while uttering threatening words, contrary to section 12 of the Summary Offences Act 1926.

“The appeal was accordingly dismissed and the convictions on all three counts affirmed.”

The court extended the time he has to pay the fines ordered by the Magistrate [$3,500] from the original deadline of 31 December 2017 to June 29, 2018.”

The full ruling follows below [PDF here]:

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