Vet verdict sparks CADA call

CADA has once again called for the legal loophole  allowing convicted drink drivers to retain their licenses to be closed.

Anthony Santucci, CADA chairman made the call yesterday after veterinarian technician Nicholas Coghlin was allowed to keep his licence after he admitted drink driving. 

Mr Santucci reiterated the organisation’s call for the Attorney General’s Chambers to fix the law that allows Magistrate’s discretion in deciding whether impaired drivers should remain on the road. 

The court heard Coghlin, 28, was arrested on South Road, Southampton on June 8 after officers saw him swerving while riding his motorcycle.

He eventually lost control of the bike and fell to the ground near Henry VIII.

When officers approached him, the defendant identified himself and admitted to having “a couple” drinks.

Addressing the court, Coghlin asked if he could keep his licence due to his work.

He explained that he is on-call and has to respond to emergency animal-related situations, sometimes in the middle of the night.

Senior Magistrate Archibald Warner asked how often it might be and the defendant told him “a couple times a month”.

Coghlin said sometimes a dog could get hit by a car or be poisoned by a toad, needing emergency medical attention.

Mr Warner suggested he could take a taxi to treat the animals. 

Coghlin then said: “It’s critical. Time is very important in these matters.

“Calling a taxi might delay me getting there.”

A woman in the gallery then stood up and said: “I don’t know this man but I have a Yorkie who had puppies and I have needed the vet’s assistance in the middle of the night.”

Crown counsel Nicole Smith agreed with the woman and said: “I have a Yorkie as well.

“I have been a recipient of late-night service as well when she was sick.”

Mr Warner said he would exercise his discretion and allow Coghlin to keep his licence.

Mr Santucci said the AG should “move swiftly” to apply the amendment to reinstitute the mandatory driving ban of those convicted of impaired driving. 

 “CADA is seriously concerned and disturbed by the developing trend of road users, convicted of driving, while over the legal limit of alcohol, not receiving the driving ban. 

“We know this is due to the technical error, made in October last year, when the Penalties Section of the Road Traffic Act was amended in an endeavour to increase the mandatory driving ban, for driving while over the legal limit of alcohol, from 12 months to 18 months, this amendment certainly used the words ‘18 months’, but left out the word ‘obligatory’.”

He continued: “CADA is therefore reiterating its call to the Attorney General’s Chambers and the legislature to expeditiously rectify this technical error. 

“And CADA is appealing to the judiciary to practice within the spirit of the law in the meantime. 

“Drunk driving is a dangerous and deadly practice. It is unacceptable worldwide, and carries severe penalties in most countries. Bermuda should be no different. 

“There are alternatives to drinking and driving. 

“Those who intend to drink should put a plan in place before they leave home — ABCD, Always use Bus, Cab or Designated Driver.”