History was created at the Port-of-Spain Magistrates' Court yesterday when a 36-year-old Tobagonian man was slapped with a jail sentence of two years' hard labour, after he pleaded guilty to a charge of failing to submit himself to a breathalyser test.
Carl Pirmal got more than he bargained for when the sentence was read to him by Traffic Court magistrate Indar Jagroo yesterday. Pirmal was not as fortunate as David Ramoutar and Dinelvi Tinto who both threw themselves at the mercy of the court by entering guilty pleas earlier this week on similar charges. Both men were fined $5,000 each by Jagroo, for driving over the prescribed alcohol limit. Pirmal, a vendor who lives in the village of Bethel in Tobago, was the first person to be slapped with a custodial sentence since breathalyser cops hit the streets on December 22, last year. As a first offender, Pirmal could have been sentenced to a maximum of three years' and fined $8,000, according to the Motor Vehicle and Road Traffic Act. Second-time offenders could be jailed up to five years, suspended from driving for two years and fined $15,000, while third-time offenders could be jailed, fined and disqualified permanently from holding a driver's permit. The court heard that Pirmal was involved in a minor road traffic accident along the Old Santa Cruz Road, San Juan, on Carnival Tuesday around 8.45 pm. His motor car crashed into the back of a Lancer driven by Nigel Carimbocas.
Officers from the San Juan Police Station went the scene and found Pirmal seated in the driver's seat of his car. He told officers he was on his way to the station to report the accident when his car broke down. Police said Pirmal's breath smelled strongly of alcohol. He was taken to the San Juan station and a breath test was conducted, which he failed. While on his way to the police station, Pirmal told PC Ryan Cassie that he had not had a drink in three years. "I go pass that test with flying colours," Pirmal told the officer. According to police prosecutor, Sgt Charles James, a second test was performed which read 68 micrograms (mg). The legal alcohol limit for a motorist is 35 (mg) in 100 millimetres of breath. James said Pirmal was told by PC Cassie that he was required to take a further test, but the accused became abusive and refused to take the test. "Bring your girl nah, let me blow she (expletive) and yuh go get ah good reading," Pirmal told Cassie. He was subsequently charged with failing to supply a specimen of breath sample without reasonable cause or excuse.
Pirmal was charged under Section 70 (6) c of the Motor Vehicle and Road Traffic Act 48:50 as amended by Act 19 of 2007. He has several previous convictions and matters pending before the court for other offences. Assistant Commissioner of Police in charge of Traffic and Mobile, Wayne Richards, said 11 people were arrested by police and charged over the Carnival weekend with driving under the influence of alcohol. Richards was speaking at a media conference held at the Police Administration Building, yesterday.