The mistaken return of a disqualified driver's licence does not give that driver the right to return to the road, an offender was told in Magistrates' Court yesterday.

Kevin L. Smith, 21, of Sunset View Boulevard in Pembroke, pleaded guilty to speeding at 61 kilometres per hour, and making a false statement to Police.

But it was with reluctance that he also pleaded guilty to driving while disqualified. Smith initially told Senior Magistrate the Wor. Will Francis he was innocent of that charge.

All the offences occurred on November 25 on North Shore Road in Pembroke, the court was told.

Smith was given a two-month prison sentence which was suspended for two years.

Mr. Francis also fined him a total of $850 and disqualified him from driving for two more years, until April 1, 1995.

Prosecuting, Police Insp. Peter Duffy said Smith's speeding vehicle was picked up on radar and stopped by Police.

Smith gave Police the false name of David Easton, though he voluntarily went to the Police station about 90 minutes later and admitted he had lied, Insp.

Duffy said.

The record clearly showed that Smith was disqualified from driving until April 1, 1993, Insp. Duffy said when Smith told Mr. Francis he would contest that charge.

Smith explained he knew he could not return to the road until 1993, but he did not know the exact date. In February, he telephoned Police to find out and was told the disqualification ended on April 1, 1992, he told the court.

"I said to myself, `Now, I'm not going to argue with them,''' said Smith, who works in refrigeration and air conditioning. "My licence is important to me.'' On April 1, Smith said he went to the Transport Control Department and his licence was returned. "I went about my merry way, your Worship.'' The Senior Magistrate said mistakes by the Police or TCD did not excuse Smith from knowingly driving while disqualified.

"Let me make one thing very clear to you, Mr. Smith,'' Mr. Francis said.

"When you are taken off the road, you are not taken off the road by the Police, or the Transport Control Department, you are taken off the road by ... a Magistrate of this court.

"When you ride or drive while disqualified you are committing virtual contempt against this court.'' If in doubt about when they may legally return to the road, drivers should check not with Police or the TCD, but "with this court,'' Mr. Francis pointed out.

When he sentenced Smith, Mr. Francis said he counted the mistaken return of the driver's licence and Smith's speedy admission of his lie to Police as mitigating factors.

Instead of three months in prison for driving while disqualified, he said he gave Smith a two-month sentence, suspended for two years.

Mr. Francis said he also lowered the fine to $250 from $350, while he disqualified him from driving for two more years.

For speeding, he fined Smith $400 and disqualified him from driving for 18 months, with that disqualification to run concurrently to the two-year penalty.

For making a false statement to Police, Mr. Francis fined Smith $200. "I'll give you the credit for correcting your mistake,'' he said.