A man convicted of driving after his license was permanently suspended has been sentenced to 20 months in jail.
The Samoa News reports that 45 year old Alema Filisounuu has been in custody since his arrest on March 29, 2018, unable to post a $5,000 bond.
He plead guilty to driving with a permanently suspended license, under a plea agreement with the government, admitting that on November 29, 2018 he operated vehicle although his license was permanently suspended by the District Court.
The defendant was convicted of driving under the influence three times previously.
At his sentencing Filisounu’u apologized and asked for another chance so he can return home to care for his family.
He said he was driving to the market to drop off some bananas and other crops from his plantation to sell.
Filisounu’u said the money he receives from selling his crops is used to buy food for his wife and five children, and also to care for his 89 years-old mother-in-law. .
Defense attorney Assistant Public Defender Ryan Anderson asked the court for a probated sentence, saying he has already advised his client that if he’s released from prison to find another way to transport his crops to the market.
Anderson reminded the court that it was clear from the police report that there was no alcohol or illegal drugs involved when police pulled him over.
He asked the court to place his client on probation without any additional jail time.
He said Filisounu’u has spent over 9 months at the TCF.
Assistant Attorney General Laura Garvey supported the defense motion for a probated sentence. But added that a period of incarceration was appropriate,to send a message to other drivers whose licenses have been suspended, that the court will not take these issues lightly.
The court told the defendant that he took a big risk when he got behind the wheel, knowing that his driver’s license was permanently suspended because he was convicted of driving under the influence three times
According to the court, the only good thing in Filisounu’u’s favor, is the fact that there was no alcohol or illegal drugs involved in this case
Filisounuu was sentenced to 5 years imprisonment but suspended the execution of sentence and placed him on probation for 5 years under certain conditions.
He is to serve 20 months at the TCF. After 12 months, which includes time served, the court will consider a motion for work release.
Filisounuu is not eligible for trustee status while at the TCF.
