Loophole will be fixed (Update)

A legal loophole that means not every drink-driver is banned from the roads was exposed again at court yesterday.

OBA candidate Gaylynne Cannonier was spared a driving disqualification because judges still have the discretion not to impose a ban if they see fit.

The oversight was first highlighted in April when drink-driver, Richard Spencer, 24, was allowed to keep his licence despite admitting driving whilst impaired.

The case exposed a mistake in the drafting of an amendment to the Road Traffic Penalties Act under which the ban for impaired driving was increased from 12 to 18 months.

However the word ‘obligatory’ was accidentally left out of the new law, which means judges currently do not have to impose driving bans at all if they feel the facts of the case do not merit it.

The case prompted Attorney General Mark Pettingill to say the slip would be rectified, but as yet nothing has been done.

Last night a spokesperson for the AG told the Bermuda Sun: “An amendment to the legislation to make disqualification for drink driving offences obligatory will be tabled in the near future.”

Meanwhile Cannonier, 48, walked away from Magistrates’ Court yesterday with a fine and demerit points on her licence rather than a ban.

The Premier’s sister pleaded guilty to driving under the influence of alcohol on April 27.

Swerving

The court heard that Cannonier was stopped in Hamilton at around 2am when officers saw her car swerving for no reason on Front Street.

At the junction of Front and Court Street, the car was on the wrong side of the road and narrowly avoided a collision.

Officers stopped the vehicle and spoke to the defendant who smelled of alcohol.

Wine

Asked if she had been drinking, Cannonier said she had drunk two or three glasses of wine.

She was then arrested on suspicion of impaired driving. 

Yesterday morning Senior Magistrate, Archibald Warner, fined Cannonier $1,500 and issued seven demerit points. n

Gaylynne Cannonier appeared in Magistrates' Court this morning where she pleaded guilty to driving under the influence of alcohol on April 27.

The court heard that the Premier's sister was stopped in Hamilton at around 2am when officers saw her car swerving for no reason on Front Street.

At the junction of Front and Court Street, the car was on the wrong side of the road and narrowly avoided a collision.

Officers stopped the vehicle and spoke to the defendant who smelled of alcohol.

Asked if she had been drinking, Cannonier said she had drunk two or three glasses of wine.

Cannonier was arrested on suspicion of impaired driving.