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JP Whitta: ‘You’re fortunate not to be facing drink driving charges’

Monday 10 January 2022 | Written by Al Williams | Published in Court, National

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JP Whitta: ‘You’re  fortunate not to  be facing drink  driving charges’
Cook Islands High Court. 12081330

A woman convicted of careless driving and failing to report an accident has been told she is fortunate to not be facing a charge of drink-driving.

Tui Tupa, 35, appeared in the Criminal Court on Thursday where she entered a guilty plea to both charges.

The police prosecutor said about 1am on December 31, a car crashed in the Nikao area. One vehicle was involved.

About 6pm the previous evening the defendant had been with family and consumed alcohol, the court heard.

Tupa got in her car with her three children and drove from Matavera to the vicinity of the Super Brown store where she fell asleep at the wheel and crashed, the police prosecutor said.

“She took off from the scene and went home.

“She is 35-years-old and has five dependents.”

The police prosecutor said Tupa did not remember the events leading up to the crash. 

Tupa had not previously appeared in court on traffic matters and an early guilty plea was acknowledged.

The police prosecutor asked the court to impose of a fine of $100 for the careless driving charge and a fine of $100 for the charge of failing to report an accident.

Justice of the Peace John Whitta acknowledged the guilty plea.

“There are a number of issues around this, things that make your charges worse,” he said.

“You are fortunate not to be facing drink driving charges.  

“It is a worry that you don’t remember it and you fell asleep at the wheel.”

JP Whitta fined Tupa $100 plus $50 court costs for careless driving, and $50 plus $50 court costs for failing to report an accident.

“Please be careful,” JP Whitta added.