refusing to take a breath test after a road crash.

Lawyer Juliana Jack blasted Magistrate Edward King, believing the judgment to be a personal attack on her.

Paget resident John Sutherland Hindes got a three-month suspended prison sentence.

The 19-year-old had pleaded not guilty to driving while impaired but guilty to refusing to take a breath test.

But as Mr. King handed down his judgment, an emotional Mrs. Jack said: "I have never heard of a sentence for such an offence. This is ridiculous! Is this a personal attack on me Your Worship?'' In front of a stunned public gallery, Mr. King challenged Mrs. Jack's understanding of the law and responded: "Give me a chance to finish what I have to say. You don't stand up in my court and say this is a personal attack.

"Would you like to check the Act? I am imposing a fine of $750 and a three-month suspended prison sentence for two years. This is not the first defendant to be given a suspended prison sentence for impaired driving. It is my policy when people are involved in an accident where alcohol is involved to impose a prison sentence.'' But after hearing what Mr. King had to say, Ms Jack said: "Even if it is suspended it is wrong!'' Crown counsel Oonagh Goodred told the court that around 3.05 a.m. on August 13, Police attended the scene of an accident on Middle Road in Paget. The Hilton Drive resident told Police that he swerved to avoid hitting an oncoming car, but lost control of the vehicle and slammed into a wall. When Police questioned him, officers noticed Hindes' eyes were glazed and he smelled of alcohol.

He was arrested and taken to Hamilton Police Station, but he refused to take a breath test.

Mrs. Jack argued that her client pleaded not guilty to impaired driving and only refused to take a breath test.

For that reason she said, he should not be penalised so severely.

And as she implored to reporters covering the session to "take down every word'', about what she believed was an unfair proceeding, Mr. King shot back saying: "Don't appeal to the Press against Eddie King, go to Supreme Court.

When I see an accused person, I don't see a jump up, Jamaican or a limey. I see a man or a woman.

"High powered lawyers or whatever, you don't frighten me. I have a job to do.

I will not tolerate any more rudeness in my court.'' But a visibly upset Mrs. Jack warned that she intended to appeal to the Supreme Court about the matter and told The Royal Gazette : "The sentence defies logic and there is no reason that refusal of a breath test should be given a custodial sentence.'' She continued: "I wonder when the powers that be will say enough is enough with this Magistrate.'' But after Mrs. Jack had left the courtroom, Mr. King said: "When my day comes I want them to say he was firm but fair. I know no one will say it, so I will.

I know I was a good Magistrate.'' In addition to the three-month suspended sentence and $750 fine, Hindes received a 12-month disqualification from all vehicles, which unlike the prison sentence is mandatory. In response to yesterday's court activity, Ms Goodred noted that every magistrate had their own way of dealing with cases.

"We were very surprised at Mrs. Jack's demeanour in court,'' she said.

"That's the usual outcome in Mr. King's court, where the defendant is involved in driving while impaired. If someone was injured, it's six months.

That's standard in Mr. King's court.''