Wednesday 7 February 2024 | Written by Joanne Holden | Published in Court, National
Teautabo Ariu, 29, had been disqualified from driving on a previous excess breath alcohol charge when the motorcycle he was driving collided with a bush on the back road through Tupapa, about 5.30pm on May 8, 2023.
Ariu was sentenced to eight months’ imprisonment – minus the nearly three weeks he had already spent remanded in custody – and disqualified from driving for two years when he appeared before Justice of the Peace Tangi Taoro in the Criminal Court in Rarotonga on Tuesday.
Upon his release from prison, he would need to complete 12 months’ probation, JP Taoro said.
Ariu was also ordered to pay $100 in court costs, not to consume or purchase alcohol, not to enter a liquor licensed premises, not to leave the Cook Islands without approval from the High Court, and to attend training and workshops as directed by Probation.
He had pleaded guilty to excess breath alcohol on November 9, and guilty to breach of a probationary license on the day of sentencing.
Police prosecutor Senior Sergeant Fairoa Tararo said Ariu blew 2090 micrograms of alcohol per litre of breath when questioned by Police about the crash in May. The limit is 250mcg.
JP Taoro said Ariu’s breathalyser reading was “extremely, extremely high”.
Ariu was taken into custody after purchasing and consuming alcohol, in his fourth breach of a probationary license, on January 18, 2024.
JP Taoro said Ariu had been before the court 20 times on traffic or criminal offences since September 2020, including four times for excess breath alcohol and two times for refusing to take an excess breath alcohol test.
“Your history with alcohol has been an issue,” JP Taoro said.
“An aggregating factor of this offending is you have a huge drink driving history. You are currently disqualified from driving from your last EBA offence, which the court understands expires in May.”
Defence lawyer Lavi Rokoika said Ariu was “remorseful” and “apologetic to the court” for his offending.
“I note that his probationary licence requires him to not purchase or consume alcohol. For a young person to have these conditions imposed on him, I believe we are setting him up for failure.”
Rokoika told the court she planned to appeal Ariu’s sentence.