Driver chooses prison time instead of fine

A man who was convicted for using a hand-held device while driving today chose to spend 40 days behind bars instead of pay the $400 fine.

Dwayne Lindo, 50, was convicted in Magistrates’ Court this morning after a trial.

He was ticketed on May 18 when officers stopped him while he was riding a motorbike and saw he had headphones on.

During his evidence, Lindo admitted he had headphones in his ears but said he didn’t know the law applied to bike riders.

He said the iPod wasn’t on and he also said an iPod isn’t a hand-held device.

Senior Magistrate Archibald Warner found him guilty of the offence and rejected his evidence.

Mr Warner fined Lindo $400 or 40 days default and gave him four demerit points.

The Magistrate then asked Lindo if he would pay the fine today.

Lindo said he would not pay the fine.

Mr Warner then told him he could serve the 40 days and the defendant agreed.

As Lindo was being led to the custody area, lawyer Victoria Pearman went over to him and explained that he could ask for time to pay the fine.

But Lindo said: “I’m not paying the fine”.

He was led away by prison guards and police officers.

*Reporter’s note: When fined in court, defendants are always given a time of default with a fine.

There is always the option to ask for more time to pay the fine and defendants are usually given one month.

A defendant can always request to serve the time instead of paying the fine. This usually occurs if a defendant is currently serving a sentence or on remand.