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$1,500 for cell talk
By AZARD ALI Wednesday, September 14 2011
A HOUSEWIFE who decided to forego paying a fixed fine of $1,000 and decided to challenge, in court, a charge of speaking on a cellular phone while driving, was yesterday found guilty by a San Fernando magistrate and ordered to pay a fine of $1,500.
Magistrate Indira Misir-Gosine told Joanne Bidassie Samaroo that she was minded to disqualify her from driving because she had not been forthright with the court. It was the first case challenged under the new legislation banning motorists from using a mobile device while driving.
Samaroo, 39, of Harmony Hall, Marabella was issued the $1,000 ticket by PC Ray Deffentaller while driving into Jarvis Street at about 3.30 pm on April 12. She did not pay the ticket and appeared before Misir-Gosine in court on August 12 and pleaded not guilty.
Misir-Gosine, in fixing a date for trial, urged Samaroo to retain an attorney but she repeatedly refused. When Deffentaller gave evidence about the incident, he said Samaroo told him she was speaking on her cellphone to her son in the United States. Samaroo continued to represent herself in the trial, but when asked by Misir-Gosine to cross-examine the police officer, Samaroo told the magistrate she needed to retain an attorney.
Yesterday, attorney Sascha Singh represented Samaroo and cross-examined Deffentaller about him being able to actually see Samaroo speaking on the mobile device, through the tinted window of the car door. Samaroo then testified saying neither of her two children, aged six and ten, were in the US at the time she was charged.
In denying the charge, Samaroo said her cellular phone was on the car seat while she was driving into Jarvis Street. After submissions by attorney Singh and court prosecutor Sgt Dianath Haricharran, Misir-Gosine retired to her chambers saying she wanted to consider the cellphone legislation. She returned and informed Samaroo that she was guilty as charged.
Misir-Gosine said that Samaroo was less than honest with the court.
After imposing the $1,500 fine, the magistrate asked Singh to plead on Samaroo’s behalf on why the court should not suspend Samaroo’s driving licence. The attorney pleaded for leniency, saying Samaroo and her children would be inconvenienced, because her husband, a businessman, often visits the US.
Misir-Gosine agreed to only impose the fine but ordered that it be paid within a week.
By Innis Francis innis.francis@trinidadexpress.com
Story Created: Sep 13, 2011 at 11:59 PM ECT
Story Updated: Sep 13, 2011 at 11:59 PM ECT
Mother of two Joanne Bedassie-Samaroo was fined $1,500 yesterday after being convicted of using her cellphone while driving a vehicle.
Bedassie-Samaroo, 39, of Harmony Hall, Marabella, was represented by attorney Sasha Singh when she appeared before San Fernando Third Court Magistrate Indira Misir-Gosine.
Both police constable Ray Dieffenthaller and Bedassie-Samaroo gave evidence in the case.
Dieffenthaller said on April 5, Samaroo was in her Mazda motor vehicle when she turned onto Jarvis Street, Vistabella, from the Point-a-Pierre Road, and was seen talking on a mobile device.
But Bedassie-Samaroo said she was not guilty and denied that she told constable Dieffenthaller she was speaking on the phone with her son who was in the United States.
Bedassie-Samaroo said she is a housewife and a mother of two children—a boy, ten, and a girl, six years old.
However, Magistrate Misir-Gosine said the woman lied and had wasted the court's time. The magistrate said she was contemplating reasons why Bedassie-Samaroo should not be disqualified from driving, and fined.
Singh asked Misir-Gosine to be lenient with the mother because she was the only person who could pick up and drop off her children at school. Singh said Bedassie-Samaroo's husband is a businessman and is frequently out of the country. She said he also suffers with an illness and his wife had no immediate family to assist with transporting the children.
Singh said, "She (Bedassie-Samaroo) does the most driving and I am asking that you not disqualify her licence."
Misir-Gosine agreed and imposed a $1,500 fine, giving Bedassie-Samaroo one week to pay, or serve three months' simple imprisonment.
Soundwave wrote:doubt is she child after seeing her pic, she probably was calling in a food order...
Soundwave wrote:doubt is she child after seeing her pic, she probably was calling in a food order...
you're terrible
Greypatch wrote:Excellent work...she got off light...
Driving is a privilege and NOT a right eh ppl
Stephon. wrote:Soundwave wrote:doubt is she child after seeing her pic, she probably was calling in a food order...
Thanks for the topic edit whoever did it
Mark! wrote:Who ever gets charge for driving and using the phone deserves it, cuz if u on the phone and driving and did not see a police looking at you, you obviously wasnt paying attention to the road
Greypatch wrote:saw to many drivers using cellphones this evening...
hustla_ambition101 wrote:Greypatch wrote:saw to many drivers using cellphones this evening...
Begs the question: WHERE ARE THE TRAFFIC WARDENS?
rspann wrote:Maybe it's just me,but any of allyuh find she looking like she bright?
rspann wrote:I agree with hustla but I wouldn't Insult autistic people.As somebody talk about Traffic Wardens Iremember a good joke,I going down Wrightson road yesterday in my X6,Traffic warden make a sign for me that my lights on,I didn't take her on so she jump in front the car and stop me,"ah tell you yuh lite orn""pull orn de side"I tell her that is how the vehicle is,it's called running lights.She said "well yuh go have tuh do sumting bout dat,talk to de officer"The officer(Drakes) said I'm sorry but I fed up trying to teach them,go on.
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