Justice Translates to $100 and Service When Brazilians Stray Over Lines

By MIKE SECCOMBE

The Brazilian woman's troubles with the law began when she did what most drivers do now and then and strayed over the marked lines.

It was the type of minor infraction which would commonly result in a warning from the police, particularly since she hadn't been speeding, or driving under the influence or doing anything else wrong.

Except that she didn't have a driver's licence. And so she turned up in Edgartown District Court last Thursday, March 1, as one of 18 people appearing on similar charges during what the court staff have come to refer to as "Brazilian day."

Her case, like the others, proceeded by choreographed steps, each step translated into her native Brazilian Portuguese by the court interpreter Arlene Kelly.

She was asked if she understood the charges and if she would like to proceed with them that day. There was a plea bargain; the unlicensed driving charge was dismissed provided she paid $100 court costs and performed eight hours of community service. On the other, marked lanes, there was no penalty; the driver was held to be, in the language of the court, "not responsible."

The same story was repeated over and over again, with only minor variations. Some hapless Brazilian, picked up crossing a lane line, failing to stop at a stop sign, lacking a registration sticker or the like, and then found to be unlicensed. The lesser offence was thrown out and the unlicensed driving punished with $100 costs and a community service order.

There were some more serious offences, too, like speeding, which were not thrown out but which brought substantial cash penalties, and some Brazilians for whom it was the second arrest for unlicensed driving, who were ordered to perform 16 hours community service.

The community service part of the penalty is something unique to the Island, an initiative taken about two and a half years ago.

Assistant District Attorney Laura Marchard said the community service provisions were decided between her and the police prosecutors as a means by which offenders could "give something back to the community."

"We're in a unique situation, on a small Island, to draft remedies which suit the community," Mrs. Marchard said.

And while the idea did not apply only to the Brazilian community, they were in mind when it was implemented.

"The community service is very inconvenient for them," she said. "It usually means taking time off from their paid work, and they don't like that. They are here to make money, and most have multiple jobs.

"We try to balance the defendants' concerns, and particularly the potential immigration consequences, against the protection of the community," she said.

The result was, she said "that we get many second offences, but many fewer third offences."

There appears to be a belief among the Brazilians that a third offence can lead to deportation. While neither Mrs. Marchard nor other authorities could confirm the truth of this, it is true that a third offence is far less likely to be dismissed with community service, making the potential greater that immigration authorities will notice the criminal history and take action.



And the fact, attested to both by police and the court records, is that the Brazilian community appears to be no more criminally-inclined than the rest of the island community.

"There is the occasional larceny or assault and battery, but most cases involve some aspect of driving," said Mrs. Marchard.

And while it is clear from the arrest rate that many of the undocumented people on the Island are driving without licences, few drive without insurance. On this Brazilian day at court, as Mrs. Marchard noted, none of the defendants was there for being uninsured.

"Driving uninsured is a more serious matter," said Mrs. Marchard. "I would rarely dismiss a no insurance charge."

Clearly, the Brazilian community is aware of the greater penalties and greater risk of attracting immigration attention if they drive uninsured.

A source at one of the Island's insurance offices said Brazilians commonly got insurance by using driver's licences from their home country or from other states, particularly Florida, and were willing to pay the hefty premiums involved, just so they could stay "under the radar" of immigration officials.

It is not, in any case, necessary to have a licence to register a vehicle.

And so a strange situation escalates. There are ever more Brazilian days at court – the call for interpreter services is up about 75 per cent of the past couple of years – and ever more charges. And ever more Brazilians picking up trash, doing repairs and painting things, for community service instead of for wages.

http://www.mvgazette.com/features/in...razilian_court

______________________________

This is the kind of law enforcement mentality we can expect from Teddy and his shamnesty plan, refined on the Kennedy island playground. -- Jaded