Magistrate Changes DUI Plea To Not Guilty
In Plea Court this morning [Nov.8], sixty-eight year-old Warwick resident Kitchener Everett Simmons was charged with having care and control of a vehicle [a motorcycle] whilst his ability to exercise proper care and control was impaired by alcohol or drugs.
With Duty Counsel lawyer Leopold Mills assisting, Mr Simmons pleaded guilty to the charge as read. However, the case was put off for trial after Senior Magistrate Archie Warner ruled that the Court would refuse to accept the Guilty Plea.
DPP Prosecutor Nicole Smith’s summary of Police evidence was that a member of the public had called Police. On arrival at Middle Road in Warwick, Police had found Mr Simmons sitting on the sidewalk with a motorcycle nearby.
When Mr Simmons stood, Police evidence was that they smelled alcohol on his breath, his eyes were glazed, and he was unsteady. Police evidence was that after standing, and in the presence of attending Police, Mr Simmons then mounted the motorcycle and sought to drive off.
Having heard this evidence, and remarking that this was an interesting case, the Senior Magistrate said that previous case history had established that in order to prove “care and control”, a person had to be seated on the cycle and with the key in the ignition.
From this the Magistrate questioned whether or not Mr Simmons actually did have care and control; and whether the Police had properly carried out their duty if, after making their professional assessment, they had allowed Mr Simmons to mount the cycle.
Prosecutor Nicole Smith argued that Police were not duty bound to prevent Mr Simmons committing an offence by sitting on his cycle and that the offence of being in care and control seemed to have been established.
Not accepting this argument, the Senior Magistrate said that he would refuse to accept Mr Simmons’ plea of guilty, would enter a plea of Not Guilty, and would set the matter for trial on 26th January 2010. Mr Simmons was granted $ 1,000 bail and ordered to appear for trial.
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This is another example of the police not being there to protect and serve the public. They just want to be punitive. Just like when they stand up on Barnes Corner waiting for people to run the stop sign coming from South Shore instead of standing a few feet forward where the traffic can see them which would lead to people automaically stopping.
Oh Please Dennis Williams!!! “Just like when they stand up on Barnes Corner waiting for people to run the stop sign coming from South Shore instead of standing a few feet forward where the traffic can see them which would lead to people automaically stopping.” People should stop anyway!! What nonsense are you talking??
same thing when they hide in trees with radar guns. Would be far more productive standing in the open on the side of the road!
I would say that by not letting drive while reeking of alcohol they were protecting the public, i.e. the rest of the road users and even Mr Simmons himself as if they had let him drive off and he had then had an accident the hounds would all be baying for blood and calling it police neglect.
Another option would have been for them to take him home and let him sober up. He wasn’t on the vehicle when they approached.
The Berrnews: Driving Under the Influence (DUI) is from the USA. In Bermuda it is called, Driving Whilst Impaired (DWI) Section 35 of the Road Traffic Act 1947 (if my memory serves me correctly)
Listen small minded CAT…..Of course people should stop anyway. But if the police are there to protect and serve they would guarantee it wouldn’t they…. you don’t get the point… an ounce of prevention is worth more than a pound of cure…… you would rather they let something happen rather than prevent it….
Blame the police….. What about people being responsible for their behavior and obeying the law. I almost lost a family member because someone ran that very same stop sign, claimed they thought they could get out before she got to the junction. She suffered a broken arm and leg. The sign says stop for a reason!!!!! The police shouldn’t have to sit there to make sure people do the right thing. So maybe if you weren’t so small minded, you’d be more for people being more responsible and doing the right thing instead of blaming the police for being punitive.
Yup! That’s just how some of these cups are…
@ wondering
….You make my point….people don’t act responsibly…that’s why we have police….to serve and proctect the public…even if its to protect people from themselves…..
they should confiscate the vehicles for automatic stupidity !!!!