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Repeat traffic offender jailed 30 days

Magistrates Court (photo by Glenn Tucker)

A serial traffic offender has been jailed for showing “utter disrespect and contempt” for the courts.

Devonne Calvin Simmons, 37, appeared in Magistrates’ Court this morning charged with perverting the course of justice and driving while disqualified.

He was stopped by police on October 27 on Parsons Road, Devonshire, after they noticed the motorcycle he was driving had an expired registration sticker.

Simmons, of Curving Court, Pembroke, was unable to produce a driving licence because he is disqualified and told officers that his surname was Richardson. He also gave an incorrect date of birth.

He was arrested and taken to Hamilton Police Station, where he gave his correct details.

He told Magistrate Archibald Warner he used a false name because he wanted to return to the court next year to appeal to have his revoked licence returned to him.

“I’ve been off the road for years,” Simmons said. “I’ve got to get around and deal with children and jobs and situations. I was trying to do a job, so had to get around. I apologise to the court.

“I was trying to protect my name so I could come back in February and get my licence back — it would be easier for me to get a job.

“I know I was off the road; I was trying to at least make it to halfway [through the driving ban] so I could get my licence.”

Mr Warner said that Simmons’s statement “reinforced and indicated you have utter disrespect and contempt for this court and the terms of its sentences”.

Mr Warner added: “Over the years, you’ve been convicted of serious traffic offences — impaired driving, driving while disqualified — and you snub your nose and do the same thing again.

“You were given and were serving a well-deserved and substantial period of time off the road, which caused hardship. You deserve that and that’s what the law intends.

“If you’re going to drive drunk and threaten the lives of people, and do the same thing over and over again, it’s the duty of the court to take you off the road at least, and when you come back deal with you in another way.

“You’re stupid enough to tell me the reason when you were stopped and gave a false name is because you want to come back and fool this court that you deserve to be on the road at half-time.”

Mr Warner imposed a 30-day prison sentence, “given all your previous convictions”. He also imposed fines totalling $1,500 to be paid within 30 days or Simmons would receive an additional 30-day prison sentence in default.

Mr Warner also noted that Simmons had outstanding warrants for non-payment of fines dating back to last year.

Simmons was banned from the roads for four years in March last year for traffic offences that included driving while impaired, refusing to give a breath sample and escaping lawful custody. He was also fined $3,600.

He was also disqualified for a year in February 2008 and fined $1,000 for not having care and control of a vehicle — police found him sleeping in his car after drinking, with the keys in the ignition.

Simmons told Mr Warner this morning that in that case he had not been driving while drunk, so “could never put anybody’s life in danger”.

Mr Warner said: “These [fines] haven’t been paid. Your contempt and attitude is to simply come to court, walk away, don’t pay the fines.

“When the police catch up with you, you give a false name.”

Simmons again denied having contempt for the court and said that he had not had a steady job for two years but was due to start work next week for a construction company and would be able to pay his fines.

“I’m not giving you any more time to pay,” Mr Warner said. “You’ve had opportunity after opportunity to deal with these matters. You’ve shown utter contempt for these matters. You’ve had chance after chance.”

Simmons’s pregnant partner interrupted the court from the public gallery to ask if he would be locked up immediately.

“We’ve a 17-month-old and I’m due in two weeks,” she said. “Will he at least be able to get out for the birth?”

Mr Warner advised her to speak to social services and the prison authorities.