28-year-old Alvin Esprit of Tarish Pit can count his lucky stars for not getting a custodial sentence from Magistrate Bernard Pacquette after he pleaded guilty to a charge of driving an unlicensed vehicle, driving an uninsured vehicle, and driving without a valid driver’s license.
The Facts
According to the facts as presented in court by acting corporal Anderson Pierre who is attached to the office of the Director of Public Prosecutions (DPP), on August 8, 2022, at about 1 pm a police patrol vehicle GA602 was driving on Federation Drive Goodwill when they spotted Esprit going in the Lindo Park Filling Station driving vehicle PM076.
Esprit was wanted by the police on suspicion of burglary.
He was asked by the police if he had a driver’s license and said, “no I am working on that.” Asked if the vehicle he was driving was insured and licensed he replied: “no the car was parked for some time and I was putting gas to bring it to the garage.”
A search at the Inland Revenue Division (IRD) on the history of PM076 revealed that it was registered in the name of Kersty Pacquette, and the license and insurance expired on July 26, 2012.
Mitigation
In his own defense before being assisted by an attorney at law Kondwani Williams, Esprit told the court that he is a “fisherman and also sells juice.”
“I have the vehicle to sell my juice, so I was fixing it and taking it to the garage, I was being precautious…I was also working on getting my driver’s license,” he stated.
Williams in his plea in mitigation on behalf of his client conceded that the offenses were “serious and carried hefty punishments” but he told the court that his client was “an ordinary and productive guy who is apologetic for his actions and fully cooperated with the police.”
He begged the court to not impose a custodial sentence but instead a fine. “Please give him a chance, be lenient and merciful on him and not impose a custodial sentence,” he begged.
Sentencing
Before passing the sentence, Magistrate Pacquette told Esprit that he had “a fortress of excuses.”
“People just keep driving in the country without a license and insurance like is a free country, we need to make an example of these people,” Magistrate Pacquette stated. He questioned Esprit if he had gotten into an accident and if someone had gotten injured how he would compensate the individual.
On the charge of driving an unlicenced Motor Vehicle, he was fined $500.00 to be paid in one month in default one month in jail, he was further slapped with a 3-month prison sentence which the court suspended for one year. On the charge of driving an uninsured motor vehicle, he was fined $2,000.00 payable in nine months in default and six months in jail. He was further disqualified from applying for a driver’s license for one year. On the charge of driving a motor vehicle without being the holder of a valid driver’s license, he was slapped with a $1,000.00 fine to be paid within six months or in default 3 months in jail. He was also sentenced to six months in jail, but it was suspended for 1 year.
“As I said I am not going to send you to prison, but it’s all in your hands if you want to go there,” Pacquette stated.
That’s an example of no law, no constitution trickling down from the top leadasship of the one-man rogue regime!
prevent him from obtaining a licence? WOW !! the fine should have read you are mandated to obtain a legal licence within 2 months, make the vehicle roadworthy by paying both license and insurance within 3 months and pay all the other charges within a 6 month period.
Exactly! The sentence further pushes him underground and potentially more criminal activity. I don’t see how preventing from legally obtaining a license helps the state here.
Joseph Charles even before reading your comment , that was my thought as well. He should ensure that he obtains a drivers license within 6 months . By banning him for a year you are not helping the young man .
I find this sentence so short-sighted and does nothing to address the core issue. Firstly, why would one prevent the accused from legally obtaining a license instead of mandating that he takes the steps to legally obtain one in x number of months? The issue of the fines, we know the accused is unlikely to pay the fines without help, would the state not be better served having the accused serve his sentence in the form of labor to state. He could do things like street cleaning, weeding etc., maybe one day per week until debts settled…Finally, I would support the seizure of the vehicle in question unless it is licensed and insured within a certain time frame. If not, let it be sold at auction to satisfy the debts incurred. Everyone wins, a strong message is sent and the state benefits without making it so draconian that the accused will likely not comply. I think our editor should be calling some of these things into question while remaining respectful of the court system.
EDITOR’S NOTE
The Magistrate sentenced him in accordance with the laws of Dominica.