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Doctor to appeal driving fine

A doctor who used his cell phone while driving has been convicted of the offence, despite his argument that he was responding to a medical emergency.

However, surgeon Christopher Johnson, a former chairman of the Road Safety Council, vowed to appeal the ruling by Magistrate Khamisi Tokunbo, arguing that the law should be changed to exempt doctors under special circumstances.

The legislation, enacted in 2012, makes it an offence to use any type of hand-held device or electronic entertainment, or to have it available for use, while driving. This includes listening to music, or checking the time.

Dr Johnson was stopped by police and ticketed for using his cell phone as he turned onto Parsons Road, Pembroke on June 10.

He told the court he’d been on his way to a house call for a patient who was bleeding after undergoing surgery the day before, and stopped at a sign to call the patient for directions.

Mr Tokunbo said the law allowed for exceptions with police, fire, ambulance and other emergency service vehicles responding to an emergency if it was unsafe to cease driving in order to make or receive a call.

The magistrate said no evidence had been presented to the effect that it had been unsafe to stop at the time, and that the law made no exception for a medical doctor’s vehicle. He fined Dr Johnson $500 for the offence.

“I plan to appeal this case — I think we have to be able to deal with a medical emergency at any point,” Dr Johnson said. “I have to respond, to go to various places on the Island and get there in a timely manner. I think the law must be adjusted.”