Driver in brazen move caught on video pleads guilty

Public service vehicle drivers “have a degree of responsibility to the community” and should remember that before using the island’s roads recklessly.

That was the position of Magistrate Graveney Bannister as he sentenced minibus driver Dacian Griffith who today pleaded guilty to dangerous driving; overtaking other vehicles other than on the right side or off side of the road; driving the motor vehicle on a footpath; driving without due care and attention and without reasonable consideration for other persons using the road.

“Denouncing unlawful conduct, that is one of the purposes of sentencing. To make sure I create a change in behaviour in the minibus industry, I must give a sentence that will deter the accused . . . deter him from committing these offences . . . and other persons from committing other offences as well,” Magistrate Bannister said in the District ‘A’ Traffic Court after hearing the facts and seeing the 28-second video of what occurred on Saturday January 11 around 3:50 p.m. while Griffith he was driving minibus B89 along Black Rock Main Road.

“This is a first time [he has] an offence for dangerous driving even though he has a conviction for driving without consideration for other road users. I do not think that this merits separation from the community,” the judicial officer said in handing down his ruling.

When police constable Jamal Griffith interviewed the driver during the investigations he explained: “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.”

However, the magistrate said he did not accept the explanation.

“The sentence I impose must be proportionate to the gravity of the offence … it must be such that it encourages a degree or a level of responsibility in the behaviour of the offending driver. This was a form of driving that came dangerously close to a serious act. The offence is quite grave, not only to one individual getting in the bus but the person standing [on the side] of the road.

“I won’t accept the excuse that you gave police that you had to brake and you could not stop. I don’t accept that. That is an explanation [when] your hand is caught in the cookie jar.”

He then ordered Griffith to pay $3,000 in fines – $2,000 must be paid on February 3 and the remainder on February 13. If he does not pay as outlined, he will spend 100 days in prison. He was also convicted, reprimanded and discharged for driving without due care and attention and disqualified from driving all public service vehicles for six months. If he breaches this order, he will spend three months in prison. A six-month prison sentence, suspended for a year was also imposed.

“You have a degree of responsibility to the community, you should know that before you got involved in this act. Time on remand has been considered in these sentences.

“This is a serious matter. One of the purposes of sentencing is to impose just sanctions,” he added.
fernellawedderburn@barbadostoday.bb