Mini Bus Driver Allowed To Keep Licence

February 21, 2012

In Magistrates Court yesterday [Feb.20], after being tried and convicted for using a handheld device whilst driving, Shawn Swainson, the mini-bus driver for the Dame Marjorie Bean Academy, was able to retain his licence to drive.

Senior Magistrate Archie Warner had ruled in favour of the Prosecution and the two police witnesses, and against Mr Swainson.

After ruling against Mr Swainson and fining him $500 for the offence of using a handheld device whilst driving the Senior Magistrate also awarded 7 points against Mr Swainson.

These 7 points added to Mr Swainson’s previous 10 points took Mr Swainson over 12 points which meant that the Magistrate was obliged to award a mandatory suspension of Mr Swainson’s driving licence.

Mr Swainson immediately asked if he could retain the right to drive the minibus as, without that right, he would lose his job.

The Senior Magistrate said that there was currently an appeal matter before the Supreme Court involving the viability and correctness of the mandatory sentence where it visited a special hardship on a person.

The Magistrate reasoned that in this case, he was of the view that Mr Swainson would suffer a special hardship and that this created an unusual circumstance. That the law allowed the Magistrate to vary the sentence if there were special circumstances.

Mr Warner then ruled that Mr Swainson could retain his driving licence.

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Comments (6)

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  1. Familiar says:

    How is it that someone who drives for a living, someone who blatantly disregarded the laws of the road and consciously put the rest of us in danger, is allowed to continue to drive? Does anyone expect this person who disregarded the laws before they were caught is now going to follow them knowing that there are no consequences for breaking them?

  2. Liz says:

    This is the example being set for our children. Blatant disregard for the law and get away with it. I see people driving on cell phones everyday. They don’t care drive right down East Broadway without a care in the world. Children learn by example!?.

    • 32n64w says:

      Unfortunately no surprise really concerning the “tone at the top” exhibited by the PLP Government.

  3. JB says:

    What about those who lost their license in the past…no one else had a “special hardship “?Once again, our courts let us down and send totally the wrong message .We need a judge who is fair and consistent in his rulings and upholds the LAW not someone who delivers arbitrary sentences with questionable motives. How many cases will come before the courts now that will waste time and resources pleading their own contrived special hardships and make a travesty of the courts and this important deterrent?

  4. Bermy's Finest says:

    I guess laws are made to be broken!! The courts are definitely sending the wrong message!! IDIOTS!

  5. lordsaint says:

    Is it me or r u people going off the deep end. as far as i can see that the man was caught driving on his cell. ok that not good but at the same time u want him to lose his job by getting 7 points for such a small offence that should carry a max of 4 points. whats next taking off the road for speending doing 55 or bad parking, or somking when driving. u people need to get a grip. i wonder r these the same people that complain when they get pulled over by the police and tickets r issued to them. if this man cant feed his family r u!! come on why is it in bermuda u can kill someone and nobody care but if u get off a traffic ticket the whole world comes to an end.