Police must institute correct charges to stop drunk driving

TIMES INT'L

Dear Editor,

Time and time again I have been reading in our newspapers that vehicle drivers are being charged for driving under the influence of alcohol and are being fined Gy$7,500 on conviction.

There seems to be a mistake in the charges the Police are instituting. In 2008, the Motor Vehicle and Road Traffic Act was amended to include the breath test, and speaks of breath exceeding the prescribed limit and not driving under the influence of drinks, which is an offence under section 39, and which is still in existence.

This offence carries much greater penalties than Gy$7,500, such as disqualification from driving and imprisonment.

There are two stages, one for being over the prescribed limit of alcohol and two being incapable of driving. The lesser offence is the former, attracting a small fine, whereas the latter is more serious and attracts larger fines, together with disqualification from driving and imprisonment.

Police traffic officers must be trained to distinguish between the two offences and to prepare the evidence that is required to convict drivers for driving under the influence of alcohol.

I tried some time ago to advise senior traffic officers of this but was told that the influence of drink charge is no longer in the law books and that the breath test law is the only law applicable. This is not so. Perhaps the Police Legal Advisor, if there is any, could clear up this matter for the Police.

Until such time that the Police institute the correct charges, this lawlessness of driving under the influence will continue on our roads.

Moenudin Mc Doom, SC

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