Motorist fined $300 for using hand -held device

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A St George’s man was fined $300 for using a hand-held device while driving, but was not disqualified from driving despite being over the 12 point limit.

Dalton Burgess, 48, pleaded guilty in Magistrates’ Court yesterday to the traffic offence and received the $300 fine and six demerit points.

As the points penalty put Burgess at 18 points total, the usual result would have been a 12-month disqualification from driving all vehicles.

The law states that a person with 12 or more points on his record should be disqualified from driving for one year, “unless the court for special reasons thinks fit to order the person to be disqualified for a shorter period or not to order the person to be disqualified”.

But Burgess made the case that being unable to drive would have a significant negative impact on his ability to do his job.

Burgess is employed as a construction project manager, a position that he stated requires him to drive from site to site, sometimes carrying drawings or survey equipment.

Burgess also said that he has two children that he needs to be able to transport.

The defence counsel speaking on Burgess’ behalf said that the disqualification could damage his ability to be competitive in the currently slow construction business and unnecessarily burden him financially by having to pay taxi fares.

Upon hearing Burgess’ statements, Senior Magistrate Archibald Warner waived the disqualification.

Mr Warner warned the defendant that if he should come before the court again, he might not receive an exception a second time.

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