British Virgin Islands

Monday, Nov 30, 2020

Man fined over $3K after racking up several charges in 2017 traffic stop

Man fined over $3K after racking up several charges in 2017 traffic stop

A 56-year-old BVIslander has been fined more than $3,000 for, among other things, resisting arrest and using indecent language towards a police officer back in 2017.

Irvin Anthony Smith of Long Trench was fined a total of $3,600, which is to be paid in four months.

He was fined when he made a virtual appearance before Magistrate Ayanna Baptiste-DaBreo on Monday, September 7.

Smith was charged and convicted of criminal damage, which attracted a fine of $2,000. In default of not paying, he will spend four months in jail.

For the ‘indecent language’ offence, he was fined $500 or 30 days in prison. He was slapped with another $500 fine for resisting arrest.

The offender had also committed a few traffic offences for which he was charged. He was fined $500 for driving an uninsured vehicle and will spend a default sentence of 30 days in prison if he does not pay.

He was also fined $100 for driving an unlicensed vehicle. If he fails to pay that amount, he will spend four days at Balsam Ghut-based correctional facility.

What the court heard happened


The court heard that on December 13, 2017, Smith and his girlfriend were on their way to Cash & Carry in Pasea Estate on Tortola when they were pulled over by an auxiliary officer.

The officer told him that he had a broken glass and his licensing sticker had expired, to which he indicated that it was as a result of Hurricane Irma, which had affected the territory a few months earlier.

He then provided his driver’s license as per the request of the said officer, and after a while, he reportedly called the cop a “fat b*tch”.

Smith reportedly used indecent language to the same officer shortly after. The officer proceeded to place him under arrest but an altercation ensued and was captured on surveillance cameras.

During the altercation, a male officer intervened and used extra force to subdue Smith. In the process, the male officer’s watch and uniform pants got damaged.

Smith was later charged.

Mitigation


Smith’s attorney Carmelita Jameison urged the court to not impose the maximum fines to her client since he only does small-scale farming and is the main breadwinner for his family.

She also said the COVID-19 pandemic had taken its toll on him. The defence attorney further said her client has no previous convictions.

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