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Friday 21 September 2018
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Sentence for ‘failing to blow’ upheld

Sentence for ‘failing to blow’ upheld

Court of Appeal judges Mark Mohammed and Alice Yorke-Soo Hon yesterday upheld the ruling of a magistrate who fined a man $7,000 for failing to provide a specimen for a breathalyser test.

Police had arrested Aaron George at Cipero Road, Golconda in San Fernando, near his home, on July 23, 2016. He pleaded not guilty before a magistrate, who later found him guilty and convicted and fined him.

PC Shiva Roopchand laid the charge.

Yesterday he appealed the sentence on two grounds: the weight of the evidence and the severity of the sentence.

The prosecution claimed that although police demonstrated to George how to blow into the device, he repeatedly failed.

Mohammed, in delivering the ruling, said the Court of Appeal yesterday disagreed with the grounds of appeal. He said the magistrate’s reasons demonstrated a robust analysis of the issues.

As a result the Court of Appeal affirmed the sentence and dismissed the appeal. George was represented by attorney Mohanie Mohan.

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