16-Yr-Old Defends Herself, Wins Headphone Case
In Magistrates Court this morning [May 15], 16-year-old Saltus student Latonia Fray successfully defended herself and won her case against the Crown’s allegation that she had been breaking the law by using a hand-held device whilst riding her cycle.
The Crown’s evidence was that Police had seen Ms Fray [pictured] riding in Hamilton on 22nd December 2011. At the time, Police observed that she was riding her auxiliary cycle and had an earphone in her ear.
Police had stopped her and subsequently ticketed her and charged her with the offence of using a hand-held device whilst operating a motor vehicle.
Ms Fray’s defence was that although she had an earphone in her ear, and admittedly, the earphone was connected to an electronic device that was in her jacket pocket, she was not using the device because it was not turned on and not transmitting any sounds or signals.
Ms Fray said that she had an iPhone and that this device needed to be set to play music through the MP3 app; and that this was not case. When stopped — and before being stopped — her iPhone was and had been inactive.
Ms Fray said that she was wearing a ‘Nolan’ helmet which is a full helmet that covers the ears as well. From this, the most that the Police officer could have seen was a wire leading up to the helmet. Ms Fray admitted that she did have one earphone in her right ear.
The Crown’s total and only evidence was that she had an earphone in her ear and that this earphone was connected to a hand-held device as described in the legislation.
Senior Magistrate Archie Warner challenged the Crown to provide evidence that the hand-held device was actually in use, with emphasis on the fact of use as opposed to merely being retained on the person. The Crown was unable to provide any other evidence of use by way of proof of transmission of electronic signals or otherwise.
Given Ms Fray’s assertion that the device was off and the Crown’s inability to counter her assertion or prove otherwise, the Senior Magistrate ruled against the Crown and dismissed the charge against the sixteen year-old.
Ms Fray’s is one of the first known successful challenges. In the past, a conviction has often carried a fine of $500. She originally came to Court on 31st January 2011 intending to plead “guilty with an explanation”. She says that by 31st January she had already completed her defence submission, all of which she had done on her own.
However, appearing in Plea Court on that day, and given her non-acceptance of guilt, she was advised to plead Not Guilty and go to trial. Throughout the proceedings, Ms Fray’s mother sat in the public gallery.
Ms Fray says that she has considered studying law but is currently leaning towards studying business.
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Well done Ms. Fray, stand up for your rights!!! Congrats
What BS…who puts earphones in their ears when not connected to anything. Must have been a cold day and she was trying to keep her ears drums warm!I only hope that the next time she has a set of earphones in her ears “but not connected” to anything that she can hear us (Bermuda Fire Service) coming towards her. I have personally attended two accidents in the last two years where the indivviduals (both under 18) had headphones in their ears and admitted that they didn’t hear anyone. You idiots that don’t see the importance of keeping your eyes and ears free of obstructions and distractions while driving and riding a(nd even running) while on the roads will learn the hard way. Keep it up , and keep making heroes of young ladies like Ms. Fray and we will find out what the long term consequences are. My sad prediciction is that because of this ruling in the youths natural desire to ignore the law when able to get away with it, I will be attending another accident with someone having earphones in their ears “that didn’t hear the car coming” withing a month! As long as they keep this kind of behavior going …I will have a job.
guess with the many deaf people who also drive on our roads, you must be attending the many accidents they must all be having!
thats different you tool….deaf people dont have the Top 40 blasting and distracting them …
At Rob one open ear is better than 2 blasting music in a car! or the parent that is picking up a bottle in the back seat to give to their toddler while driving. I think this has all been blown out of the water the danger is not talking on a cellphone its TEX-TING!!! what is the difference in having a conversation with people in/on your vehicle to one on a phone??? Please when you can prove one more dangerous than the other I will listen. For now I will not listen to the radio, talk to anyone while driving have a sip of water or blow my nose.
what deaf person has a license…
i know of two and they both drive truck for two different companys.
Ms Fray congratulations! I have to wonder how embarrassed the policy makers must feel having penned such a poorly constructed piece of legislature that it can be made to look stupid by a 16 year STUDENT?…
Be prepared to see a lot more people riding with headphones on because of this. If all they have to do is deny that it was on, I can see the Crown losing a lot of these cases in the future.
Also, I wonder if those people that had been found guilty will be appealing to the government to get their money back? I certainly would Lol
You may find more people riding with headphones but the police will cover themselves and check if the device is on now before writing the ticket.
What I wanna know is what is the difference between a bluetooth headset and headphones connected to a phone? Both are used to answer the phone hands free. If you can drive with a bluetooth ear piece you should be able to ride with one.
I agree – the answer should be BAN BOTH!
firstly in Bermuda the rule of precedents is not followed [which is the rule of similar cases being tried the same]. so in future case the CPS or the people who will send the case to magistrates court IF there is enough evidence will show if the future defendants are found not guilty making the Crown lose the case or if anyone will get the money back.
Woot! Double standards-a-go.
You will pay for the crime, IF you can “pay” for the crime.
numbskull
(May 16th 2012) Mr Warner said wheres the evidence that she was even operating it? Verdict – Not Guilty
(March 29 2012)”Such a broad definition,(Mr Warner said), could be seen as meaning that simply having a device such as a cell phone or an iPod on your person while driving could be considered an offence against the act.” Verdict – Guilty
Do you see the double standard by the same judge. He can not even stick to his own precedence. I’m sorry but that is a double standard. ALL the other guilty parties have been able to pay the fine and where charged, this young girl was left off. All the others should now appeal thier cases.
Well done young lady, you have proven the law to be an ass.
Yesterday I saw a man in a white car driving towards me at about 30 mph while I was travelling toward him at about the same speed. He had both hands on top of the steering wheel holding a hand held device, and he was texting, ie., looking down at the tiny screen and working his thumbs on the tiny keyboard to send a message. Yet the law requires police stop people who have an earphone linked to a device that may or may not be turned on. What is the difference to having a radio or cd player in the car that may or may not be turned on. Neither requires the use of hands. Who wrote this law? Doesn’t make any sense to me.
The difference is, the car speakers are not IN my ear. I can still hear traffic and emergency vehicles around me.
Says who?? I disagree that riding with earphones on is more unsafe than listening to a car stereo. Summer is upon us and many more people are driving with their windows up and have the A/C and/or music pumping. More often than not these are the people that are oblivious to their surroundings and seldom give way to emergency vehicles. When they finally realize that a siren is blaring directly behind them, or just around the corner, they get surprised by it nearly causing collisions by pulling to the side in an unsafe manner.
You will never agree with me, because I am guessing you ride a bike, and therefore are biased in your opinion. Your point is moot, because it is only valid if EVERYONE who drives a car will be listening to their music with the windows up, which doesn’t happen. It is worse on bikes because you ALWAYS have them in your ears. When you add the fact that you are wearing a helmet that blocks most (if not all) of your peripheral vision, it makes it even more dangerous.
At least in a car I have three different rear view mirrors (on top of not having a vision obscuring helmet on) that I can see something approaching.
Actually the helment doesn’t affect your vision……provided you move your head! Vision wise a bike rider can see far more because there are no pillars blocking their view, plus they sit higher and can choose either side of the lane to see further down the road. Car drivers are more likely to be insulated from their surrounding environment.
You are absolutely correct!!! Most days I DO ride a bike to my job which requires me to DRIVE an emergency vehicle so my comments are in fact not biased, but based on many years of experience on Bermuda’s roads both riding and driving all sorts of vehicles. Whether the windows are up or down, music on or off, a person operating ANY four wheeled vehicle has more distractions, hazards to avoid and hearing impairments than a person on a bike. I have yet to find a helmet which blocks my peripheral vision in such a way that I wouldnt normally turn my head…and most Bermudians do not use all three of the mirrors on their vehicles whilst driving. I’m guilty of riding with earphones in my ears years ago, but personally I NEVER had the music so loud that I couldnt hear the wind passing through my helmet, or an approaching emergency vehicle using its siren. In most instances I was even able to tell which direction the siren is approaching from much sooner than if I was driving.
I have both a car & a bike.. Now when I have the windows up during the winter with my stereo system on (but not up full blast) I cannot hear when an emergency vehicle is coming until they are right up on me or a car or bike in front of me is pulling over…
So what happens if you ride with one earphone in and one out? I have done so before and I’m able to hear vehicles around me quite fine. I have also been in a car with the music blasting and ONLY noticed the emergency vehicles as they got right next to the car. Not everyone will be listening to their music with the windows up but NOT everyone will ride with headphones neither. Where does that leave your point?
And a helmet does NOT block your vision. LOL. What type of craziness is that? I actually look in my mirrors quite often when I’m riding just to be aware of my surroundings 360. It’s called using your eyes and having your mirrors adjusted to your aesthetic needs so that YOU are able to see.
I also defended myself on the same charges a few weeks ago and the case was dropped. The cop assumed that because she could see the white wires coming from my helmet that I had either an “iPhone or an iPod” but was not able to say which device it was because it was in my pocket which was zipped. The judge said that because the cop could not prove that I was listening to music she had no case. It was a bogus ticket and should not have even gotten that far. What a waste of time and money. Good for Ms. Fray! More people should do what she did.
Congrats to you young lady!
Congrats!! When they start bookign all the Cops I see using handheld devices while driving and the MP’s in GP cars I see using handheld devices while driving, then they can turn and get on the case of the general public. Those in Power need to Lead by Example, Not do as we say not as we do!!
THIS IS IT!!!! I’ve seen cops using their cell phones while on duty. Example: at beachfest. A fight happens and the spectators make it to the scene before they do. They have to stop, pack the phone away so their precious baby doesn’t get lost and then stroll to the fight. I mean I know it’s hard to run on sand but if I can and I’m VERY unfit, so can they if they’re so called “trained”.
The disadvantages to cell phones…smh. There are SO many & they are perfectly demonstrated by the ones “protecting” my country/life. *please sense my sarcasm*
Omg! Police use cell phones too? Stop the presses because that is news!
Right is right ‘n’ wrong is wrong . Kyril gets to eat peanut butter sandwiches for defending himself .
Next up, it will be illegal to be wearing earphones while operating vehicle.
And I will support it. Come on people its distracting and dangerous whether you have music on or not. Its common sense. Why do people have to “push it” with every issue here.
I agree 100%!!
Why is it distracting if you do not have music on????
Sounds like you need a dose of the “mind your own business” medicine.
I guess I will be picking you up on a stretcher next! You will be the guy with headphones on, and wearing shades and tinted visor while riding at night! You are probably the loud mouth tough guys that is crying for his mommy when in an accident. Oh, and its NEVER your fault.
If I see you coming and you have that white cord dangling from your helmut, I dont know whether you are paying attention or not. That in itself is an inconvenience. Come on, why does the Judicial system have to play mommy when you know its a hazzard to the user and the rest of us. Use common sense, grow up and be an adult and stop blocking up the courts time on trivial nonsense. They have a hell of lot more serious issue to deal with, and my tax dollar needs to go towards that and not a bunch of spoiled children.
Are you serious? Music is not a distraction! A screeming baby in the back or kids fighing in the back seat is a distraction. I am in all support of this law, but the term “use” needs to be clearly defined. Having it on and in your pocket to me is not using as its not in your hands! They said using hand held devices. If your not holding it your not using it. Texting while driving…. then burn em your opbviously using your phone, but listening to music no way..
@Joonya… so you’re the bigger hazzard if your driving a car and focussed on my tiny white cord thats hanging from my neck… shouldnt your attention be on the road.. i comend this young lady for standing up for herself. If her earphones were off then its no ditsraction at all
To the people that say riding a motorbike while listening to music is distracting have no idea what they are talking about. I bet those people have never rode a motorbike with earphones in their ears. I have been riding a motorbike for a while now while listening to music and first it’s not distracting and secondly I can hear sirens and people talking. Hey hears food for thought, hearing impaired people drive as well. You people that say listening to music while riding a motorbike need to get a life.
Your both idiots because if you can’t listen music while driving then ban cars with radios -idiots
Awesome job!!
I suggested strongly when they first started booking persons for this absurd law that they should contest it!
Good job young lady!!
I am very proud of this young woman for standing up and fighting such an assinine, ill thought out, stupid law. The police and legal fraternity should be well embarrassed about this.
Congradulations lil cuz
Well done Ms. Fray. You saved yourself and mother (parents) some money by being your own lawyer.
u no she going have puurree Facebook request now lol its that simple get caught with ya phone just say it was off
Get Um toni lol, ya big cuz proud of u wayyy over here in alabama. hahahah stupid police maybe you will do ya jobs properly now are am i wishfully thinking.
THree easy payments of $9.99…Hooked on Phonics worked for me!
Think I’m going to start dangling some ipod earphones around me neck just to get on the Police’s nerves. Don’t need the ipod, just the phones. Idiotic law!!! She only head one phone in!!!!!!!!!!!!! These highly paid legal people who make these stupid uninforcable ill thought out laws should be fired. Of but I guess they work for Government.
The Police work for the GOVERNOR
This law is a WASTE of time like this pathetic government.
Why did she have the cord in her ear if she wasn’t using the device? DUH! I wish the police would stop those people riding bikes with cell phones tucked in their helmets! In wish the police would fine people for illegal license plates! I just wish the police would spend more time booking people for speeding then riding around with a cord stuck in their ears! Then, I will be happy! It’s not like it’s not a daily occurrence! People are speeding all day every single day! I wish there was a law about the “3rd lane”. It’s reckless and dangerous!
The worst speeders are the police! Had one cruising behind us along Harbor road the other day on one of those loud dirt bikes. He was just following along through all the twisty sections out of town, obviously not in any rush to an emergency. Once we got to Newstead where the road was straight and clear he opened up and blasted past the row of us in our cars. When we got round the bend he was already out of sight past the liquor shop!
Did you know that 2 way radio’s like the type that used to be in taxis and are currently in many business vehicles are exempt from this legislation. Crazy! So you can talk on a 2 way with the mike in ur hand all day while driving and it is perfectly legal… SMH…
You go Latonia. Good for you. Glad you didnt give up so easily. Those Saltus $$$ paying off! LMAO. Mom and Dad had to be a little worried but must be even more proud that you defended your case. Just don’t try it again
go fight some real crime!
I think they ought to write the Dummies Guide To Creating Laws and give it to all the legislatures that had a part in writing this stupid law.
I can almost guarantee there is no evidence corroborating the belief that listening to music through earphones has caused or causes accidents. They simply created a law to make it look like they were doing something.
If there was evidence indicating this then why not outlaw listening to music in all vehicles. Using a car stereo and switching to your favorite radio station or song is just as distracting and even more dangerous as it is a larger vehicle. While we are at it why not outlaw smoking in vehicles, its distracting as well. Also, if a cigarette falls between your legs its an accident waiting to happen.
Instead of writing idiotic laws that have have little to no impact on reducing accidents why not write laws that actually do. Begin with speaking with those on the front line who deal with accidents…the POLICE!! Create laws that make sense and will actually reduce accidents like failing to properly indicate when turning off a main road or ticketing those who decide on a whim to suddenly stop their cars for no apparent reason but to themselves. Yes I know you should travel 2 car lengths behind but if someone stops unexpectedly and for no reason both the driver who was following to close and the one who stopped suddenly should be ticketed its common sense. Unfortunately this would mean more work for the police and you know how lazy government workers are.
Indicating is a courtesy, tcd tells me I either have to have all indicators working or have none at all, so I opted for none at all, less maintinence, and if you hit me from behind because I didn’t indicate, your fault. If you ride my ass I WILL slam breaks on you, simply because it seems like you want an accident. I have a tennis ball in my car, that’s my excuse, office I stopped because this ball came out into the road, what follows balls beside dogs and kids? Point being, keep a respectful distance and there’s no problem.
Indicating is not a courtesy. Indicators are. If you have none, you are meant to use your hand/arm Skippy!
So its law then? If not then indicatING is courtesy, but I could be wrong.
I agreed with your post up until your very last sentence. Until that point, you made excellent points and demonstrated objective thought.
Well done young lady! Your success highlights the value of a good education.
I WISH THE DAMN POLICE WILL TAKE SOME TIME AND PICK UP EVERY DAMN BIKE THAT IS PARKED IN A CAR BAY IN THE CITY OF HAMILTON AND TOW THE PIECE OF SH$TTTT TO THE NEAREST COMPOUND. I AM SICK AND TIRED OF GOING TO KFC, MOVIE RENTAL, BOYLES AND EVERYWHERE IN BETWEEN AND SEE A BIKE PARKED IN CAR BAYS, THIS IS SO DIRESPECTFUL AND NEEDS TO STOP, PARK AT THE NEAREST BIKE JOINT LAZY IDIOTS…
Just double park like everyone else does
LOL!
Likewise to the a$$holes who park their cars in the BIKE bays cause “they can”. I almost got struck by a car when I was trying to park my bike in a bike bay cause they felt they had the right to park in the bike bays. It goes bot ways! Jus cause u have a car doesn’t give u the right!
Does Chris F. know you been going to KFC? eh ehhhhh
well done little sis…very proud of you for standing up for yourself and proving to the courts that there are way too may loopholes in Act. The Act was very vague to begin with and should be amended if they plan on booking anyone for this in the future.
This is truly a nation of schizophrenics. This is the same Magistrate who dealt with your Harvard professor and is part of the same Bench that dealt with your child molester; oh, but that was last week. Could it be that he got this one wrong? Of course not, that would require you freaks to have a memory. Anything to feel like you’re getting one up on the system or in some way tying this to the Government. Yesterday it was “Warner must go”; today because you think he’s struck a blow against the Government you want a knighthood for him. Sick.
Your comparing apples with oranges loser….traffic offence vs gross criminal misconduct are two different ball games here…please continue so I can understand your point! *Jeapordy waiting music playing in the background*
Well done Latonia! You have not been the only 16 year old who’s device was not on, but they are being stopped by the police for the first time ever in their lives and are so afraid. One of the persons cried because she was afraid to defend herself and the officer was very rude. I do hope that a lot more of you young female, beginner motorcycle riders defend yourselves and learn your rights.
I hear she can also claim lawyer fees to be paid by the so called crown for representing herself and winning.
Well done Latonia. You are a fine example of our young people standing up for what is right. This is another DUMB law.
Well done young lady, you have proven these a#$holes wrong. they just want to stop the young children today just to get money. well hey its not going work. they will continue to wear they headphones in there ears.
To hell with rules. Why not let everyone do as they please?
Watch this space. She will be back in the news.
Yes she will…2 make history again!!! LOL!
Oh I hope so very much. She is a brilliant young woman. Intelligent, kind, thoughful and wise. Just the sort of person people should strive to be.
She will be back in the news for the positive that she does! Believe that!!!! She is a good student and a respectful and honest girl. She was in the news previously for receiving a sports grant because she is also an outstanding NATIONAL hockey player for her age – again POSITIVE. She stood up for her legal rights and that makes her what in your eyes to say that she will be back in the news?!?
Exactly! I don’t know the young lady but I agree that she has every right to defend herself against a poorly written law. No Absolutes’ comments are judgmental and in poor taste.
Good job, Toni! A fine advocate you will make some day.
Anybody who thinks this law is dumb or stupid is just plain IGNORANT. How could you not think having ear phones in your ear while riding is not dangerous? Whether they are on or off! Not only dangerous to the rider but to everyone else.
Each and every day I have less faith in us Bermudians, there is such a lack of common sense! Wake up and grow up. Yes this young girl did the right thing by standing up for herself, and congratulations to her. But everyone is so quick to complain about the government and police never doing anything, but when they do, they get penalized! This law simply has a loophole in it and needs to be amended.
This law is not dumb or stupid, just not well thought out.
Riding with both earphones in, and ON is obviously dangerous. But, at the same time, riding with too much wax in your ears is dangerous too…
Driving with the windows up, a/c on and music on is dangerous…
Driving with screaming children is dangerous…
Smoking while driving (and riding!) is dangerous…
There are lots of common things that could distract the operator of a vehicle. They should think about them, the impact and then make a decision.
Brilliant Latonia!! Well done to you! You are a role model to others and I am very proud of you. xx
Congrats to you young lady, but this will open up a tin of worms.
Well done Ms. Fray. Many people in Bda are afraid to stand up to authority. Never be afraid to question authority.
The police waste the public’s money with these lacklustre cases and the DPP’s office do not have the balls to say that they will not proceed. Happened to me because of their vindictiveness.
Well done young lady
But we are entitled here in Bermuda to ride around with earbuds in listening to tunes and smoking weed and texting what’s the fuss about
if this IS the intent of the law why r they not writing tickets for people listenin to a radio on thier car stereo???? thus all car speakers should b removed……stupid if u ask me
It helps that her father is head of Key Management Services (former owners of M3 Wireless).
Clearly the 16 year old hasnt taught you much about doing your homework to help prove a point…you speak as if you know the family…well clearly you dont FYI Her father is not the head of Key Management Services……YET!!
What does her father have to do with HER winning the case ALONE? How does that help? He wasnt even there. Come on people. Engage brain before opening mouth.
You’ll have to explain that one.
WELL DONE!
Charge with possession instead of use. Intent was clearly there.
Btw did anybody no that deaf people drive cars ride bikes run walk
But they are never charged with dangerous driving this law has
Holes that cannot be fixed they cannot hear any emergency vehicle
Or warning device yet they operate motorized transport without a
Problem
I this actually true are there legally deaf individuals operating motor vehicles on Bermuda’s roads??
Of course there are!
Wonder if they were caught wearing an Ipod which was on what would the police, judge do?
I’ve been pinting this out from the beginning. Stupidness.
Congrats to you however I have to agree with one of the comments I read why would you have earphones in your ears if your Iphone was inactive. Either way you won your case so good for you, just goes to show if you are really convincing it will take you a long way.
For all you inconsiderate people that are so closed minded there are many hearing impaired(DEAF)in case you didn’t know that term, people on our island that have a drivers licence….WOW…SMH….I hava a family member and very smart and intelligent hearing impaired people that not only can speak and work,but have graduated from howard university…
Good evening Miss Fray.
Your mission…should you choose to accept it,
track down and expose the source of your nations massive crippling debt.
This will expose you to a new law called Patty, or is it PATI. You will need
thick skin for this mission but should you uncover the masterminds and
miniminds of this massive mismanagement, we as a nation,Island, lonely rocky outpost,
will be truly grateful.
In the process you will be saving your generation from some horrendously inflated taxes and costs of living so high you will not even be able to pay attention.
Good luck with your mission
This Government will self destruct in …oh say, ..early summer.
Just gotta luv your comment!! Being a disillusioned PLP supporter, I would personally love to see the OBA get in if only to launch a (proper)investigation into where our money went! (Hello H. Matthews)
Ewart, feel free to comment.
LIKE A BOSS!
smh this law needs to just go in the trash… people have there music up loud while driving and dont pull over, iv seen it enough times !!! Bermuda needs to make better laws.