I refer to the Court report titled Man Cleared Of Drink Driving After Refusing Breathalyser Test (September 24) wherein it was reported that the Criminal Court of Appeal had found an individual guilty of failing to take a breathalyser test, of using abusive language and failing to give his particulars to the police.
For correctness sake it should be pointed out that the man was acquitted of the charge of failing to take the breathalyzer test and was fined for minor offences.
Sedqa takes this opportunity to remind all that persons failing to take the breathalyser test when requested by the police is tantamount at law to failing the test itself and punishable with the same punishment as that laid down for persons failing the breathalyser test. Failure to pass a breathalyser test is sanctionable with the suspension of one's driving license for a minimum of six months apart from a fine.
Sedqa has long been recommending that the law be amended to empower the executive police to exercise random breath testing.