A man who injured a motorist by driving over the legal alcohol limit has been sentenced to nine months behind bars.

Larry Benjamin, 67, a bus driver, admitted the offence when he appeared before the Supreme Court in March.

Chief Justice Larry Mussenden disqualified Benjamin from driving all vehicles including buses after this plea and sentenced the Smith’s resident on Tuesday.

Benjamin collided with Tzare Gibson while turning his car from South Road on to Warwick Lane on October 19, 2018, the court heard.

Officers at the scene smelt alcohol on Benjamin’s breath and a test showed 103 milligrams of alcohol in 100 millilitres of his blood. The legal limit for driving in Bermuda is 80mg/100ml.

Mr Gibson sustained several injuries, including a dislocated toe and broken femur and wrist, in the collision.

A victim impact statement said the incident caused Mr Gibson to miss months of work and that he still has pain when writing with the hand that was injured.

An allegation that Benjamin caused Mr Gibson grievous bodily harm by driving while impaired by alcohol remains on file.

Prosecutor Kael London suggested that Benjamin be disqualified from driving all vehicles for five years and fined $5,000 for the offence.

Philip Perinchief, Benjamin’s lawyer, highlighted how his client was not charged with the offence in court until almost five years after the collision.

Assistant Justice Kenlyn Swan earlier ruled that this delay infringed on Benjamin’s rights and Mr Perinchief said it prejudiced both his client and Mr Gibson.

Mr Perinchief told Mr Justice Mussenden: “[This delay] should lead the court to consider a reduction of whatever sentence it had in mind.”

Highlighting this delay and Benjamin’s guilty plea, Mr Justice Mussenden sentenced him to nine months behind bars and disqualified him from driving all vehicles for four years starting yesterday.

Mr Perinchief told The Royal Gazette that Benjamin plans to appeal the sentence, which the Chief Justice hoped would deter him and others from committing offences involving alcohol.

• It is The Royal Gazette’s policy not to allow comments on stories regarding court cases. As we are legally liable for any libellous or defamatory comments made on our website, this move is for our protection as well as that of our readers