Takeaway man delivered community service for drink driving

Friday 14 December 2018

A takeaway driver, who was nearly three times the legal limit and narrowly avoided hitting another vehicle while on duty, has been delivered a four-year driving ban and community service.

Mario Fernando Simoes Reis (54) was found with 92 micrograms of alcohol per 100ml of breath. The legal limit is 35 micrograms.

St. Saviour Centenier Mike Byrne told the Court that on 8 November around 20:10 Reis almost rolled into another vehicle on La Route du Fort. He was later stopped on Dicq Road by Police who checked his breath and found him to be nearly three times the legal limit - a reading Magistrate Bridget Shaw described as "high".

Advocate Luke Sette said that on the evening of the incident, Reis had drank wine over dinner. He didn't expect to be working that evening but was contacted "out of blue" and offered to work. Advocate Sette explained that the 54-year-old man had two other jobs: as a delivery driver and at St. Paul’s Centre.

Pictured: Reis was stopped on Dicq Road with three times the legal limit of alcohol.

"He didn’t properly consider his actions," he said, adding that Reis acknowledged his judgment had been misguided. Advocate Sette said Reis was disappointed about himself and "very, very shocked" about finding himself in Court.

He explained that Reis was not drinking from the open bottle found in his vehicle. Instead, he was returning it to the shop as it was off.

Advocate Sette told Court that Reis, an "excellent worker", had been spending over an hour every Sunday doing charity work for over a year. He said Reis had voluntarily continued a community service previously imposed on him for drink driving. He said Reis had "dedicated so much to amend his actions" and had "an exemplary conduct outside of his court appearances."

He urged Court to impose a community service order, explaining that Reis was dedicated to learning from the experience. He added that he had a number of "protective and positive factors in his life", including working seven days a week and voluntary work.

Pictured: Advocate Luke Sette said Reis had dedicated a lot of time to charity.

Returning her sentence, Magistrate Bridget Shaw said that Reis' level of alcohol was next to the highest range the Magistrate's Court usually deals with.

"Not only you’ve been in trouble before, but you’ve been in trouble before for the same offence back in 2013," she told him. "Most people never drink and drive and you have been convicted of it twice in five years and both times they were high readings... This wasn’t just over the limit, it was a considerable amount last time as well."

She however continued saying that Reis had received an exceptional report during his last community service and that his personal behaviour since then had been exemplary.

"You worked extremely hard to pay back your debts and made every effort to contribute to the community," she added, going on to say that Reis's offences were out of step with his otherwise charitable behaviour. "Somebody who is charitable towards other members of the community has been blind to the fact that getting in your car after drinking puts people at risk and that’s the court main consideration," the Magistrate said.

Pictured: Reis will face 12 months in prison if he drinks and drives again, Magistrate Shaw warned.

Given Reis's good character, she decided to impose 120 hours' community service instead of sending him to jail. Doing so, she warned Reis that he wouldn't get another opportunity and will face up to 12 months in prison if he drives under the influence again. Magistrate Shaw also disqualified Reis for four years and urged to contact the Drugs and Alcohol Service if struggling with alcohol.

"Everything you have achieved so far will be set back by going to custody," she added. "I do expect you to carry this [community service] out exemplarily, because it is your character."