By AZARD ALI Tuesday, February 9 2010

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A FINE of $3,500 or a jail term of nine months was handed down to a man yesterday. While returning from the Chutney Brass show at Guaracara Park in Marabella on Sunday, the man was stopped by police who administered the breathalyser test, which he failed.

The fine was imposed on Joseph Nanan, 43, by Senior Magistrate Rajendra Rambachan in the San Fernando Magistrates’ Court. Nanan was driving his car at about 1.55 am along South Trunk Road, La Romaine, when he was stopped by police.

Rambachan read the charge to Nanan that his blood/alcohol level exceeded the legal amount as prescribed in Section 70 of the Motor Vehicles Act, as amended. Nanan pleaded guilty.

Court prosecutor Corporal Russell Ramoutar told Rambachan that when Nanan was stopped, police officers noticed his eyes were red and there was a strong smell of alcohol on his breath. This aroused their suspicion and they immediately performed a breathalyser test on Nanan which he failed.

Ramoutar said police officers escorted Nanan to the Mon Repos Police Station, San Fernando, where he was asked whether he suffered from any medical ailment which made it difficult for him to breath into an apparatus.

Rambachan heard from the prosecutor that at about 2.29 am another test was conducted which revealed Nanan still exceeded the legal blood alcohol limit. At 2.37 am, another test was conducted which for the third time, Nanan failed.

A copy of these tests was tendered into evidence. The acceptable legal amount of alcohol is 35 micrograms per 100 milliliters of breath, the prosecutor informed the court. Asked why he was driving while under the influence, Nanan told Rambachan he left the Chutney Brass show at Guaracara Park where he had consumed several bottles of beer. In passing sentence, Rambachan reminded Nanan that upon first conviction, the penalty was $9,000 or nine months in jail. He fined him $3,500 and allowed him six weeks to pay ordering that $400 be paid forthwith.