The public service vehicle driver caught on camera narrowly missing a pedestrian as he overtook another minibus along Black Road admitted to his folly today in the Traffic Court.
After a three-day stint on remand at HMP Dodds Dacian Griffith changed his approach and pleaded guilty to several traffic offences which were caught by nearby CCTV.
With new lawyers – Queen’s Counsel Michael Lashley and Ronshalee Proverbs representing him – Griffith, of Church Gap, Hillaby, St Andrew entered the dock of the District ‘A’ Court and admitted that about 3:50 p.m. on Saturday, January 11, he was the driver of minibus B89 on Black Rock Main Road and did drive and overtake other vehicles other than on the right side or off side of the road.
Griffith also admitted to driving the motor vehicle on a footpath; in a manner dangerous to the public; without due care and attention; and without reasonable consideration for other persons using the road.
He was sentenced to pay $1,000 fine each on the first three charges and convicted, reprimanded and discharged on the fourth. Of the amount $2,000 must be paid on Monday, February 3 and the remainder on February 13. He will spend 100 days in prison if the amounts are not honored.
The minibus driver has also been disqualified from driving all public service vehicles (PSV) for six months beginning today. If breached, he will spend three months in prison. He was also given a six-month prison sentence which has been suspended for a year.
“Consider yourself lucky. Had you been involved in an accident or you had more than one dangerous driving [charge] you would be on the . . . bus going up the road. I would have incarcerated you,” Magistrate Graveney Bannister told the traffic offender informing him that the three days he had spent on remand had been taken into account in the sentence.
The magistrate made the comments after hearing the facts of what occurred on that day from Sergeant Kevin Forde.
The prosecutor said after receiving footage on the incident, investigations took police constable Jamal Griffith to the accused at Baxters Road.
The driver was shown the footage and told to account for what had happened and responded: “We was coming from Speightstown and I was in front of he. When we get to Holetown he overtake me. All coming up the road now the man blocking me and would not let me pass. When I get in Black Rock now, if you check the video, the man dead stop on me. There was a man coming down on the right side, I had two choices; run in the back of he or pull left, so, that is what I do. I blow my horn to let the man know that I was coming there and I went long.”
Informed that his actions resulted in several offences he again said: “The man stand-up on the brakes on me and was in the middle of the road. If I had proceeded I would have ran into the back of him. I blow and went through on the inside of he.”
In making submissions on sentencing Sergeant Forde pointed to the aggravating factors of Griffith’s actions saying that persons could have been injured.
“Having seen a person jump out of the road to avoid being seriously injured the accused did not stop to see what had happened. This is neither reasonable nor proper driving for a PSV driver. People trust drivers with their lives as they travel to their destinations and you would expect a certain degree of care for pedestrians, passengers and other road users. He departed from that standard. . . that could have caused serious injury or death or serious damage,” the prosecutor said.
He also told the court to take into consideration Griffith’s antecedents, over 90 of them, all for the District ‘A’ jurisdiction. He explained that one of those convictions was for driving without due care and attention, some for having excess passengers among others.
“A deterrent sentence should be imposed on the accused and on other persons who are inclined to drive their vehicle in a similar manner,” Frode submitted.
Lashley while conceding that the manner in which his client was driving was aggravating, pointed out that despite the numerous offences, this was the first time that Griffith had been charged for dangerous driving. “My client is profoundly remorseful, apologetic for his actions or reactions on the day. He has not wasted the court’s time, has pleaded guilty and cooperated with the police.”
He added: “As grave as the aggravating factor on the manner in which he was driving, in his oral statement he said: ‘I blow my horn to let the man know I was coming through’.”
Lashley urged the magistrate to “temper justice with mercy” and to give his client, who was a conductor for 18 years and a driver for six, “a chance, that he will be able to go out there and find a job rather than be in prison to get finances to feed his two children”.
“This is a learning experience for my client and he has thrown himself at the mercy of the court. Let him go back home today. I am asking for a non custodial sentence.”
