$3,000 fine for impaired man who fell asleep on stationary motorcycle

A man caught by police asleep on his motorcycle has lost an appeal against conviction and a $3,500 fine for having care and control of a vehicle while impaired.

Mark Wilson argued that the police who arrested him had lied under oath, but the Supreme Court found none of their evidence was challenged.

Acting Justice Shade Subair found that the evidence of the arresting police was “compelling and substantially unchallenged”.

The judge also said Wilson did not appear to understand the law on having care and control of a vehicle. She said in her judgment: “The question for this court was whether the evidence properly established that the acts of the appellant involved a risk of putting his vehicle in motion.

“The evidence was that the appellant was alone sleeping on his motorbike on a public driveway with the keys in the ignition.

“In my judgment, these were all acts of care or control, short of riding the bike. The appellant’s usage of the motorbike was sound evidence of a risk of putting it into motion which of course would have been dangerous.”

The court heard at Wilson’s trial that officers found Wilson sitting asleep on a motorcycle in the Duck’s Puddle area.

The officers testified the key was in the ignition and Wilson, who was snoring, smelled of alcohol. They said they woke Wilson, who admitted drinking. The officers asked for a breath sample, which Wilson refused.

He told police: “I do not know why you are arresting me. I am an officer. I have not done f***s, as you p*****s will find out.”

The officers added Wilson tried to headbutt an officer when they arrived at Hamilton Police Station.

He told them: “When I come out I will see and deal with you. Do you know who I am? I am an officer.”

Wilson was arrested on April 30 last year for having care and control while impaired.

He was further charged with failure to take a breath test and threatening behaviour.

It is understood Wilson is not an officer with the Bermuda Police Service.

The judge gave Wilson until June 29 to pay the $3,500 in fines imposed in Magistrates’ Court.

It is The Royal Gazette’s policy not to allow comments on stories regarding active court cases. This is to prevent any statements being published that may jeopardise the outcome of that case.

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