Rise in impaired driving offences sparks concerns

Owain Johnston-Barnes

Updated: Mar 28, 2024 08:27 AM

Senior magistrate Maxanne Anderson (File photograph)

A judge said a “cultural shift” was needed to stem dangerous behaviour on Bermuda’s roads and that consideration should be given to legislation holding licensed premises accountable for drunk patrons.

Senior magistrate Maxanne Anderson wrote in the Bermuda Judiciary Annual Report that a “notable increase” in driving-while-impaired offences was a matter of significant concern.

“As a country, we must confront the lasting impacts of accidents caused by impaired driving, which can result in life-altering injuries, such as paralysis and even death,” she said.

“Collaborating with organisations like Cada and the Road Safety Council, we need to explore legislation that holds liquor-licensed establishments accountable for instances of alcohol overconsumption.

“Since the governing of liquor licenses was taken from the Magistrates’ Court, there has been a significant increase in impaired driving offences.”

Ms Anderson said that Cada recently linked 75 per cent of road deaths in Bermuda to alcohol and drugs.

The report included a list of the ten most common traffic offences recorded by the court last year, which showed increases in impaired driving, driving with an excess of alcohol and refusal to provide a breath or a blood sample year-on-year.

Ms Anderson also said the Magistrates’ Court had seen a “sharp rise” of careless driving and dangerous driving offences, although those were not in the top ten most common offences recorded last year.

She added: “How often have we witnessed motorcyclists recklessly overtaking vehicles at high speeds, disregarding their safety and that of others on the road?

“Conversations about responsible driving must permeate our dinner tables, churches, sports clubs, work places, schools and The Bermuda College.

“It is imperative that we collectively adhere to speed limits and drive cautiously. While the courts can impose fines and disqualify drivers from the roads, this alone cannot resolve the issue.

“We must witness a cultural shift in driving practices across our island.”

Road offences by numbers

In 2023, the Magistrates’ Court recorded the following traffic offences:

Impaired driving: 170 (up from 131 in 2022)

Driving with an excess of alcohol: 90 (up from 73 in 2022)

Refusing a breath or blood test: 83 (up from 62 in 2022)

Speeding: 1,886 (down from 3,352 in 2022)

Disobeying traffic signs: 608 (down from 991 in 2022)

Driving without a licence: 478 (down from 604 in 2022)

Driving without insurance: 435 (down from 508 in 2022)

Unlicensed motorcycle: 426 (down from 499 in 2022)

Unlicensed motor car: 198 (down from 226 in 2022)

A total of $1.88 million was collected by the courts for traffic fines in 2023, down from the $2.37 million collected in 2022.

Ms Anderson also highlighted “concerning developments” she linked to the decriminalisation of small amounts of cannabis on the island.

“Firstly, there's been an observable trend of marijuana acting as a gateway drug, potentially leading individuals towards the use of more potent substances,” she wrote.

“This phenomenon has contributed to an increase in associated criminal activities.

“Moreover, scholarly studies have highlighted a direct correlation between marijuana misuse and amplified occurrences of mental health issues within Black young men.

“Research indicates a significant association between higher instances of schizophrenia in men of Caribbean descent, particularly in those under the age of 25 whose brain development may not have completed.

“This demographic subgroup is particularly vulnerable to the adverse effects of marijuana misuse on mental health.”

Ms Anderson said the link between cannabis misuse and exacerbated mental health issues was “starkly evident”.

“What remains conspicuous is the lack of a corresponding increase in government budget allocations directed towards agencies tasked with supporting and managing mental health challenges stemming from marijuana misuse,” she wrote.

“This discrepancy raises concerns about the adequacy of resources available to address the escalating mental health repercussions associated with this policy shift.”

Ms Anderson, however, said that the treatment court programmes introduced through the Magistrates’ Court have had a “hugely positive impact” on the community.

“It is gratifying to hear the stories of those who journey through the treatment courts and are now living their lives alcohol and drug free and with the tools to address their mental health challenges,” she wrote.

“Most importantly they have been able to break the chain of incarceration.

“Furthermore, the statistics show that levels of incarceration have decreased and this can be partly attributed to the efforts of the Magistrates’ Court and its stakeholders in meting out non-custodial sentences were deemed appropriate.”

Plans for court move

Significant progress has been made in bringing together the island’s courts into one building, according to the Chief Justice.

Larry Mussenden wrote in the recent Bermuda Judiciary Annual Report that the Ministry of Public Works showed the judiciary plans for the coming move into the Dame Lois Browne-Evans building.

“The works will see the Court of Appeal, the Supreme Court’s criminal division and the Magistrates' Courts and services all in one location,” he said.

“With these renovations we will have a dedicated Court of Appeal which will be used for other Supreme Court and Magistrates’ Court matters during the period that the Court of Appeal is not sitting.

“An entire floor of the DLBE is going to be designated as a Unified Family Court. This will see that all Supreme Court and Magistrates’ Court matrimonial and family matters being heard in this space.”

He said that there was “significant merit” in also moving the civil and commercial courts into the Court Street building in the coming years.

Mr Justice Mussenden, however, added: “For present purposes, for this court at Sessions House, which is used for serious jury trials, we still have to be ever mindful of the security concerns and risks operating out of this building.”

The Chief Justice noted that he had heard anecdotally that the courts have sometimes been challenged with compiling a panel for jury trials, stating that there “may be some merit” in a review of the Jurors Act.

“One interesting and important aspect to be addressed is the payment of jurors for their time spent serving on a jury,” Mr Justice Mussenden said.

“I understand that there are public complaints about how long it takes for payment to be received so we are looking at ways to improve that aspect of the system.

“Another aspect of the criminal justice system is engaging alternatives to prosecutions. There appears to be merit in diverting people from the criminal justice system altogether by using systems deployed in other jurisdictions.

“Such systems allow the parties to engage in a positive way, reduces the court’s caseload and reduces convictions and addresses the offending conduct.”

Mr Justice Mussenden said the courts have continued to work through the cases before them, but accepted that pressures on judges caused challenges.

“We look forward to recruiting another judge later this year to handle civil commercial matters which will mean three judges doing civil/commercial cases,” he said.

“The court has continued to use a combination of in-person hearings and remote appearances and the CourtSmart technology has been upgraded to allow for better audio/video features of the combined hearings.”

Mr Justice Mussenden added that there may be merit in amending the Mental Health Act to widen the pool of judges able to hear applications under the legislation, which presently allows applications only to be heard by the Chief Justice.

Mr Justice Mussenden said he expected that the rise in social media would result in an increased number of defamation cases in Bermuda.

“There was one defamation jury trial last year, the first in about 30 years, albeit not for social media use,” he said. “The experience last year showed that there is merit in updating Bermuda’s civil defamation laws.

“Another area where there has been increasing activity is mortgage defaults where mortgagors have fallen into default and applications are made for possession, powers of sale and money judgments.