A story in the March 16 Royal Gazette reported the family of the late Clifford Darrell was not in court for the sentencing of Edward Charles DeRoza, who was involved in Mr. Darrell's fatal accident. The family were not notified about the sentencing.

A truck driver was yesterday fined $400 after he admitted having excess alcohol in his blood shortly after a horrific accident in which a well-known taxi driver was killed.

Wayne Edward Charles DeRoza was also banned from driving for a year after he admitted to Senior Magistrate Will Francis that he had 110 milligrammes of alcohol in 100 millilitres of blood at 11.13 p.m. on November 12 last year.

The legal limit is 80 milligrammes of alcohol in 100 millilitres of blood.

Mr. Francis heard DeRoza, 43, of 14 East Avenue, Sunnyside Park, Southampton, was travelling east on Middle Road, Southampton, at 9.26 p.m. that night.

Crown counsel Larry Mussenden said as DeRoza prepared to turn right onto South Road near the Barnes' Corner junction, taxi driver Clifford Darrell collided with his heavy truck.

Mr. Mussenden said Mr. Darrell's taxi clipped the right front of DeRoza's truck and veered into a wall.

When Police arrived, DeRoza -- cursing and smelling strongly of alcohol -- was cut from his truck and taken to King Edward VII Memorial Hospital for minor injuries.

He was later tested at Hamilton Police Station and provided a witness statement with his lawyer present.

Mr. Mussenden said DeRoza admitted he had been drinking and was bailed.

Yesterday DeRoza pleaded guilty to the alternative charge of having excess alcohol while the courts took the "usual course'' and dropped the main charge of impaired driving.

His lawyer, John Cooper, said while DeRoza did have the alcohol in his system, it only amounted to three drinks.

Mr. Cooper added: "I want to make clear that although Mr. DeRoza does concede that he was drinking, it is his position that there was nothing for him to do to avoid the collision.'' On March 24, DeRoza will reappear for mention on charges that his truck was overloaded and had bald tyres.

Mr. Cooper explained his client disputed whether his truck was overloaded at some 12,000 pounds.

Mr. Darrell, 63, of Sandys, was 1998's 15th road fatality. None of his family was in the courtroom during the hearing.