Driver three times over limit
pleaded for an interpreter "in the interest of justice''.
In an unusual move Crown Counsel Wayne Caines stood up in Luis Mello's defence in Magistrates' Court after Mello, 39, was convicted for driving while intoxicated for the third time.
Mr. Caines said if a custodial punishment was to be imposed, Mello should have an interpreter.
Senior Magistrate Archibald Warner said: "This is your third conviction for driving while impaired and the second one within two years.
"The law requires that there is an increased penalty -- an increased penalty to the extent that you can go to jail.'' Mr. Caines told Mr. Warner: "I'm concerned in the interest of justice, with the probability of a jail or custodial sentence, that we do have an interpreter.'' Mr. Warner said Mello, of Parson's Road, Pembroke, should understand the proceedings because the Transport Control Department (TCD) only issue licenses to those who understand English.
Mello could barely mumble a guilty plea. Mr. Warner said there was a possibility of a custodial sentence unless Mello could say something in his defence. In very broken English, Mello managed to say: "I'm still guilty. I'm sorry but I'm still guilty.'' A breath analyser test revealed Mello had 255 milligrams of alcohol in 100 millilitres of blood -- three times over the legal limit of 80 milligrams in 100 millilitres of blood. Mr. Warner handed down a fine of $1,500 and six months imprisonment, suspended for 24 months. Members of the court explained to Mello if he was convicted for another offence within 24 months, the imprisonment sentence would be activated. Mello was also disqualified from driving all vehicles for 12 months.
