Drinking and Driving and the Law
GUILTY OF ‘DRUNK DRIVING’? your criminal record is out there for all to see. You will be excluded from job opportunities if you have a criminal record and guilty of drunk driving is a CRIME! Companies require several reference and character checks before considering any candidate for a job application and criminal checks are on the list…..
QUESTION: SO, YOU WERE TOO DRUNK TO KNOW WHAT YOU WERE DOING AND YOU CANNOT BE HELD RESPONSIBLE….RIGHT??
ANSWER: WRONG!!!
Consider this: In the past you would get away with this defence because you would not be “criminally responsible” for your actions. THE LAW HAS CHANGED:
· If you are so drunk that you are unable to distinguish between what is wrong and what is right; and
· You know what effect alcohol and drugs have on you; and
· You nevertheless go ahead and consume it; and
· Commit an offence, ANY offence…..from shoplifting to murder or rape…
· You will be held responsible and punished AS IF YOU WERE STONE COLD SOBER!!
QUESTION: BUT SURELY THE COPS CANNOT PROVE THAT I WAS DRUNK WHILE I WAS DRIVING IF THEY DID NOT TAKE MY BLOOD?
ANSWER: When dealing with a drunk driving charge, the charge sheet has a MAIN COUNT and then an ALTERNATIVE COUNT. The Main Count essentially means that you were too drunk to drive(“drunk driving”) and the alternative, that you were over the legal limit but perhaps still sober enough. (“drink driving”).
Even if no forensic evidence (blood test/breathalyzer) is available, DRUNK DRIVING can still be proven by leading evidence as to your speech (slurred), appearance (dishevelled, bloodshot eyes, smell of breath, uneasy on feet), manner of driving, evidence as to where you were before you got into your car, e.g. a pub; witnesses who saw you drinking and who know how much you were drinking, etc.
QUESTION: WHAT ARE MY RIGHTS WHEN IT COMES TO BLOOD TESTS FOR DRUNK/DRINK DRIVING?
ANSWER:
· You have the right to be treated with respect and dignity, (provided that YOU behave!!),
· To be introduced to the medical examiner,
· To have the process explained to you,
· To be examined in a facility suitable and equipped for the purpose, (not in a police cell or a charge office!!)
· The investigating officer MUST be present when blood is taken,
· The blood test MUST be done within TWO HOURS from stopping you!
· Force may be used if you resist the test,
· You may not refuse the test on the grounds that you are unsure if the needle is sterile.
QUESTION: WHAT ARE THE NEW GADGETS THAT THE COPS MAY USE TO TEST YOU?
ANSWER:
· The Drugalyzer: a drug saliva test kit which can immediately test for 5 different drugs by doing a tongue or mouth swab and gives results within minutes. (exactly which drug you are on and what the levels are!!)
· The Intoximeter/Drager Breathalyser: it produces instant alcohol level results and there is no need to involve the District Surgeon.
· Testing stations are open 7 days a week.
QUESTION: NO WORRIES!!! THAT EVIDENCE IS INADMISSABLE IN COURT!
ANSWER: WRONG!!!!
· The results have been approved by legislation as SUFFICIENT EVIDENCE.
· The National Prosecuting Authority was involved in developing these kits.
· The Insurance industry endorses it.
QUESTION: COULD A DRUNK DRIVING RECORD EFFECT MY CHANCES OF GETTING MY FIREARM LICENCE OR CAN MY LICENCE BE TAKEN AWAY?
ANSWER: FOR SURE!!!
· If there is evidence that you ABUSE (not just “use”) alcohol, you may be declared unfit to have a firearm or your licence may be revoked.
QUESTION: I HAVE A LEARNER’S LICENCE AND MY FRIEND ALREADY HAS HIS LICENCE. IF MY FRIEND IS TOO DRUNK TO DRIVE…MAY I DRIVE WHILE HE IS LYING ON THE BACK SEAT?
ANSWER: NO! NO! NO!. The whole idea is that the person who already has his licence, must be in a condition/position to supervise the learner driver!!! Phone a taxi or a friend to fetch you!!
QUESTION: CAN A DRUNK DRIVING RECORD EFFECT MY APPLICATION FOR A VISA TO VISIT A FOREIGN COUNTRY?
ANSWER: OH YES!! Your visa may be denied and what’s more…one day you may want to emigrate….guess what?....no country will have you!
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