Wednesday, 16th April 2008

Police tested suspect drink driver 30 minutes after accident

A 38-year-old woman was yesterday acquitted of drinking and driving after a court heard that the police had conducted the breathalyser test half an hour after she was involved in an accident.

Sharon Fraser had originally been charged with driving while under the influence of alcohol on January 5 in Qawra, attempting to drive while unfit to do so, failing to stop after being involved in a traffic accident and causing damages to two cars.

Appearing for Ms Fraser, lawyer Stefano Filletti argued that the police could not prove conclusively that his client had been drunk. The breathalyser test was carried out about half an hour after the accident occurred and was conducted in her residence.

Magistrate Consuelo Scerri Herrera found Ms Fraser not guilty of driving while drunk but found her guilty of failing to stop when involved in a car accident and causing damage to two cars.

Ms Fraser was fined €80 (Lm33.34).

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Article © Allied Newspapers Ltd., printed on Monday, November 23, 2009. This article is for personal use only, and should not be distributed.

Comments

Paul Barrett (on 16/4/08)

There you have it !!!! If you have an accident having had a drink, do not stop - drive hell for leather home and get away with a minor fine.
Perhaps there were other circumstances to be considered in this case but on the face of it (as reported here); am I the only one that thinks that there is something quite wrong with this penalty - it is the wrong message to give out.

A.Vella (on 16/4/08)

What a farce our courts...if she wouldn't stop isn't it obvious she could only be tested after the accident? And if one really thinks about it, let say it took Ms Fraser 15 minutes to get home after the accident, then she must have drunk over 2 units of alcahol in around 10 minutes, I guess she needed to binge drink for shock...yeah, right!!!

In any other country for the hit and run only, besides losing her license and being suspended from driving for long time, Ms. Fraser would most probably also have to face jail term.

Kevin Zammit (on 16/4/08)

I feel bad for the police involved to be let down by a technicality. Luckily at least nobody was hurt. What if she had killed someone in the process?