Driver With Multiple Traffic Offences Spared Jail, Given Community Service And Treatment

By Alric Lindsay

Yohann Sah’eir Fitzgerald, a man whose repeated offending for traffic offences was believed to be linked to mental health challenges, and substance abuse, has been spared immediate prison time by the Summary Court, which imposed overlapping probation orders, community service, driving disqualifications and fines — but warned him that any breach would almost certainly mean prison.

The charges faced by Fitzgerald were as follows:

** Resisting a police officer

** Being drunk and disorderly

** Failing to provide specimen of breath (x2)

** Taking and driving a conveyance without consent of owner (x2)

** Driving without being qualified (x2)

** Driving without insurance (x2)

** Failing to provide name

** Disorderly conduct

** Assaulting a police officer (no evidence offered by DPP)

** Careless driving

** Failing to provide a specimen of urine

** Failing to provide specimen of blood

Crown Counsel from the Office of the Director of Public Prosecutions took the court through a series of incidents forming the basis of the above charges.

First, DPP Crown Counsel explained that in December 2022, Fitzgerald was seen driving a car in the Industrial Park area at high speed; it left the road and crashed. Fitzgerald was observed getting out of the driver’s side. He asked persons present not to call the police since he had no driver’s licence.

Upon arrival at the scene, the police observed the damage to the vehicle driven by Fitzgerald.  They also smelled alcohol. 

Fitzgerald was subsequently arrested for driving under the influence.

When asked, Fitzgerald reportedly refused to give his name and stated that he was not the driver.

At the detention centre, Fitzgerald was reportedly behaving aggressively and disorderly towards police officers calling them “batty bwoy.” He also refused to provide a breath specimen, explaining that he had asthma and shortness of breath.

Later, it was discovered that the vehicle driven by Fitzgerald belonged to his employer, who said Fitzgerald was never given permission to drive it because Fitzgerald did not have a licence.

Next, DPP Crown Counsel described a disturbance at Lillies nightclub at the Strand Shopping Plaza on West Bay Road. After being refused entry to a club while apparently intoxicated, Fitzgerald was asked to leave, walked off, then returned and tried again. When refused a second time he pushed a member of the club’s staff and was arrested for disorderly conduct. He told officers he had only wanted to go inside.

Moving onto the next offence, the particulars are that, following a road incident, Fitzgerald was identified as the driver; he was described as jittery, denied being the driver, and a strong smell of alcohol came from him. He was arrested and again refused a breath test. The car belonged to his girlfriend.

Regarding the allegation of assaulting police, DPP Crown Counsel offered no evidence, resulting in a formal verdict of not guilty.

The court noted Fitzgerald committed further offences while on police bail and on court bail and had struggled to comply with a specialist (problem-solving) court to which he had earlier been referred.

Mitigation

Arguing on Fitzgerald’s behalf, defence attorney John Furniss explained that Fitzgerald remained sober since August and was attending counselling.  Furniss suggested that Fitzgerald had a medium risk of reoffending and there was no reason to imprison him.  

The sentence

After considering submissions from DPP Crown Counsel and the defence attorney, the Chief Magistrate acknowledged that, since August, Fitzgerald made improvements. However, the real difficulty, was that he completed offences while on bail and was involved with drugs. 

Chief Magistrate stressed:

 You cannot be confirmed with the diagnosis and then choose not to be on any medication… you then add the drugs and alcohol to that — you are making things multiply.

Without the treatment he needed, she warned, “offending will occur,” as the string of charges showed.

Acknowledging mental health concerns for Fitzgerald, the Chief Magistrate imposed a treatment-focused, non-custodial package across the files, in summary:

 **Two probation orders — 12 months and 18 months — spanning about two and a half years, with conditions that he be assessed by the counselling centre and behavioural-health unit, adhere to all treatment protocols, and submit to  random testing by his probation officer.

**160 hours of community service in total.

**Two years’ driving disqualification overall — meaning no driving licence until around October 2027.

**Fines on the traffic charges (in the region of $300–$400 each, with time   to pay)

The Chief Magistrate warned that a breach of the probation order or a failure to complete the community service would trigger a breach report and, most likely, custody. She reminded him of his right of appeal.