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Judge puts brakes on BMW driver

conviction by Chief Justice Austin Ward yesterday.Richard Correia, of North Shore, Hamilton Parish, was caught driving his BMW at 64 kph on April 15 this year on the same road.

conviction by Chief Justice Austin Ward yesterday.

Richard Correia, of North Shore, Hamilton Parish, was caught driving his BMW at 64 kph on April 15 this year on the same road.

Correia, a 21-year-old mechanic, received a six-month ban from driving all motor vehicles by Senior Magistrate Will Francis in Magistrates' Court earlier this year.

His lawyer, Richard Horseman, yesterday told Mr. Justice Ward that Correia was the only mechanic employed at his job. Mr. Horseman said his client was responsible for testing cars during the course of his work, and the ban from driving was creating hardship for the client's sick employer.

But the Chief Justice asked how someone could not expect to be disqualified when caught speeding at 64 kph.

Noting Correia was "going faster than a fire truck'', Mr. Justice Ward said anyone driving a BMW should drive it slowly so everyone could see it.

Mr. Horseman argued the Senior Magistrate did not have time to hear and consider the mitigation of his client, and the sentence was excessive.

He said Correia pleaded guilty to speeding then subsequently told Mr. Francis he was a mechanic.

Mr. Horseman said the Senior Magistrate should have exercised his discretion in favour of his client. He cited authorities where persons were caught with similar speeds but received smaller sentences. He asked for a fine to be imposed instead of the disqualification.

However, Mr. Justice Ward told Mr. Horseman to forget all the comparisons.

Correia should not worry about the sentence another person got in the past -- he should only be concerned with himself, he said.

He continued by telling the Bible parable of the labourers. Some contracted to work in the morning, others in the afternoon, and one in the evening, yet all got the same pay. He noted the master told a complaining labourer who had worked all day and received the same pay as another worker who started in the evening that was what he contracted him for.

"We do not want to stop your client from making a living, but the penalty should be a sufficient deterrent,'' Mr. Justice Ward told Mr. Horseman.

The Chief Justice dismissed the appeal and allowed the sentence imposed by Mr.

Francis to stand.