By Alric Lindsay
24-year-old Phoebe Lusase Brosch Serpell appeared in the Summary Court this week to face charges of driving under the influence of alcohol and careless driving. The Chief Magistrate disqualified Serpell from driving for one year and fined her $400.
Background
According to the prosecution, on February 12, 2024, Serpell was driving a Forerunner along Esterley Tibbetts highway when she ran off the road into bushes, causing extensive damage to the vehicle.
Reportedly, when police arrived at the scene, they saw a group of young adults standing close to the vehicle. Serpell identified herself as the driver.
While the police officer was speaking to Serpell, the officer smelled a strong scent of alcohol emanating from her breath.
Reportedly, when Serpell was asked if she had consumed any alcohol during the night, she said she had a few beers.
A breath test produced a reading of 0.084%, over the prescribed limit.
She was arrested and transported to the Cayman Islands Detention Centre.
Sentencing
Arguing on Serpell’s behalf, attorney Clyde Allen acknowledged that she was just over the prescribed limit.
Regarding careless driving, Allen explained that when she got to the T junction of Batabano Road and Esterley Tibbetts Highway, the brakes failed for some reason, causing the car to slide across the road and into the bushes.
While Allen emphasized the accident resulted from a brake failure, no expert evidence was presented to the Summary Court to corroborate this.
After hearing the arguments from defence and prosecution counsels, the Chief Magistrate disqualified Serpell from driving for one year and ordered the surrender of her driver’s licence.
The Chief Magistrate warned Serpell that she must not drive whilst disqualified. If she does, she risks imprisonment.
Serpell was also fined $400 or spend four weeks in prison in default.
Note to readers:
Driving under the influence of alcohol or drugs is covered under section 82 of the Traffic Act. This states as follows:
82. (1) A person who (a) drives or attempts to drive a vehicle on a road; or (b) is in charge of a vehicle on a road, while that person (i) is under the influence of alcohol or drugs to such an extent that that person’s efficiency as a driver is impaired; (ii) has consumed alcohol in such a quantity that the proportion of it in that person’s breath, blood or urine exceeds the prescribed limit; or (iii) has consumed illegal drugs so that when tested drugs are shown in that person’s blood, commits an offence.
(3) A person who commits an offence under subsection (1) or (2) is liable on summary conviction:
(a) on a first offence, to a fine of one thousand dollars or to imprisonment for six months, or to both;
(b) on a second or subsequent offence, to a fine of two thousand dollars and to imprisonment for twelve months, or to both; and
(c) in addition, on a first or any subsequent offence, to disqualification from driving for a period of twelve months or such longer period as the court may order.
(4) A constable may arrest a person without warrant if that person has reasonable cause to suspect that that person is or has been committing an offence under this section.
(5) The particulars of a conviction under this section shall be endorsed on the driving record of the convicted person.
The careless or inconsiderate driving charge is covered under section 77 of the Traffic Act. This states as follows:
77. (1) A person who drives a vehicle or animal on a road without care and attention, or without reasonable consideration for other persons, commits an offence and is liable on summary conviction to a fine of one thousand dollars or to imprisonment for a term of six months, or to both.
(2) Where a person is convicted of an offence under subsection (1), the court may order that that person be disqualified from holding or obtaining a driver’s licence for such period not exceeding twelve months as the court may order and the particulars of the conviction shall be endorsed on that person’s driving record.
