State v Qiriniu [2013] FJMC 129; Traffic Case 34.2013 (15 March 2013)

IN THE RESIDENT MAGISTRATE'S COURT
AT SUVA
IN THE REPUBLIC OF FIJI ISLANDS

Traffic Case No: 34/13

STATE

V

Luke Qiriniu

Prosecution: WPC Kelera, Police Prosecutor.
Accused: In person.

SENTENCE

1. Luke Qiriniu you are today being sentenced for the offence of Dangerous Driving' contrary to Section 98 (1) and 114 of the Land Transport Act 1998.
   

2. You elected to represent yourself. You have pleaded guilty on your own free will. The Statement of facts was put to you and you on your own free will admitted the facts. You have admitted in this Court being the driver of taxi registration number LT3952 which went off the road and you admitted being drunk while in charge of the vehicle which went off the road. You are a first offender. You were not tested for drunk driving as the Alcotest Dragger 7110 was not calibrated at that time.

3. The maximum sentence prescribed under Section 114 of the Land Transport Act 1998 for a first offender is $1000/12 months and disqualification for 6 months.

4. In your mitigation you have stated the following:

- 32 years old.
- married with 2 children.
- A Part Time Taxi driver.
- earn $70/week.
- seeking second chance.
- do not seek disqualification.
- Paying fees for children.

7. Luke Qiriniu, from the facts of this case this Court notes that your driving did not fall below the standard of a reasonable and prudent driver in the circumstances but was reckless endangerment of public safety. This Court notes that you are a holder of a PSV Licence and were in charge of the taxi when you went off the road. In addition you have admitted being drunk at the time. You should be aware that as a PSV driver you are in breach of the zero alcohol limit. Your actions were reckless and you took risk while driving drunk and luckily you only ended off the road without any injuries to yourself and others. We aim to make our roads safer by keeping drunk drivers off the roads. This Court has noted your early guilty plea and you mitigation. This Court has noted you are a first offender and therefore you are fined $300, you are disqualified from driving for 6 months from today. You are given 1 month to pay the fine, failing which you will be sentenced to 30 days imprisonment.

9. Luke Qiriniu if you are not satisfied with the sentence of this Court you have the right to Appeal to the High Court within 28 days from the date of this Sentence. This Court will review the payment of fine on 25th April 2013 until which your bail is extended.

Chaitanya Lakshman

Resident Magistrate

15th March 2013