Repeat drink-driver jailed for a year

August 27th, 2019|0 Comments

A repeat drink-driver who is a danger to the public was jailed for a year after he refused to take part in the DUI Court programme.

Franklyn Pearman, 40, was also banned from the roads for five years after he appeared in Magistrates’ Court yesterday.

Pearman, from Devonshire, was sent to take part in the treatment court last November after he was convicted of his sixth alcohol-related traffic offence.

However, the court heard he repeatedly failed to comply with orders to not drink and asked to be released from the programme, even after being warned that it would probably result in a prison sentence.

Magistrate Maxanne Anderson said Pearman was a danger to the public.

She said: “You were warned for a very long time about what may happen and about what could happen and you still continued to be non-compliant with the treatment court.

“On top of that, you were not booted out, you opted out. When you were telling the magistrate and treatment court staff that you wanted out, they still warned you that it was not the best thing to do.

“You said you wanted out, that the court was wasting your time. You wanted out, so here you are today. It’s extremely unfortunate.”

Pearman was convicted of driving impaired after he was stopped by officers near the junction of Serpentine Road and Ferrars Lane, Pembroke, on October 23 last year.

The court heard that on the evening of the offence, officers saw Pearman walk into a gas station. He was clearly unsteady on his feet and they urged him to take a taxi home.

Pearman waited a few minutes and rode away. Police stopped him and a breath test revealed he had 215 milligrams of alcohol in 100 millilitres of blood — more than double the legal limit of 80 milligrams.

Senior magistrate Juan Wolffe warned Pearman at that time he could be jailed for the offence because of his record.

He said: “My concern is that if that happens, you’re going to come out and not have sorted out your drinking and then get back on a bike again or in a car, drive while impaired and seriously hurt or kill yourself or a member of the public.”

Pearman was previously banned for three years after he was convicted of three counts of driving while impaired in 2009.

He found himself before the courts again in 2015 after he was caught drinking and driving in a traffic stop on July 18 that year.

On that occasion, he was banned from driving all vehicles for 18 months.

Pearman returned to the courts in 2016 after he admitted having care and control of a vehicle after drinking and was again banned from the road.

The court heard that Pearman had his licence restored in June last year, four months before his latest arrest.

Prosecutors yesterday called for a one-year custodial sentence because of Pearman’s repeated reoffending and refusal of help.

A third or subsequent offence of driving while impaired carries a maximum penalty of two years in prison, $5,000 fine or both, along with a mandatory five-year ban.

Kenville Savoury, duty counsel, suggested that there may be further treatment options available for Pearman.

But Ms Anderson responded that Pearman had repeatedly refused help.

She said: “He has been in the DUI Court. We have been asking him to stay for weeks. Every time, he is telling us he doesn’t want it any more.

“You cannot force people into treatment.”

Ms Anderson said there was a need to protect the public from Pearman and sentenced him to one year in prison, in addition to the five-year road ban.

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