A KINGSTON woman caught driving disqualified and in breach of a suspended sentence despite not holding a driver’s licence for over 10 years has been refused home detention and jailed.
Verity Howden, 32, appeared before the Millicent Magistrates Court yesterday to be sentenced for driving under disqualification or suspension, breaching the conditions of a bond and failing the duty to hold a licence or learner’s permit.
The defendant was stopped by police last year on April 29 at 3.30pm while driving in Kingston.
After conducting vehicle and licence checks, police discovered Howden was driving on an expired licence dating back to November 2007.
Howden requested a home detention order, however Magistrate Anderson said home detention was not available to someone who had breached a suspended sentence.
“The repeat offending is of the exact same nature,” she said.
“I cannot impose home detention for the fresh offence.”
Howden’s lawyer said her client was driving her father’s vehicle on the day of the offence to prevent any chance of a domestic violence related incident due to prior history with her ex-partner.
“She panicked and made a poor decision,” the defence said.
“She was at her father’s residence with her children, her ex-partner came to the property where a heated argument occurred and she was scared due to past history.”
Magistrate Anderson asked the defendant’s lawyer how she was going to excuse the breach, adding it was not trivial.
“Why did not she walk away?
“Why did not she go to her father for protection?
“I have had conversations with her about driving her car under the influence of drugs – she knows she should not drive.
“She should go to jail – she drove disqualified when she had warnings from me.
“She was driving a car again when she is not allowed on the road.”
The Prosecution said when stopped by police, the defendant said she had been driving on roads in the farming area of Kingston, however at no stage did she suggest she was fearful or distressed.
The defendant’s lawyer responded and said there was an intervention order between Howden and her partner and her client “did not want to throw him under the bus”.
Magistrate Anderson said she accepted the background of the situation, however did not think there was a high degree of mitigation in the factor.
“You chose to drive away,” she said.
“Other options were available to ensure your safety, but you chose the option, which was a repeated behaviour and a serious breach of a suspended sentence.
“You were placed on a good behaviour bond for three years and on two other occasions you have been before the court for a breached bond.
“Those two occasions ought to have frightened you.”
The defendant was issued a $500 fine for driving without a licence or learner’s permit and sentenced to five weeks imprisonment.
