Drunk driving - tough new proposals approved

[Guest wowpow]

Breath test law causes concern - Bangkok Post

 

Post Today Editorial _ The cabinet last month approved tough new proposals against drunk driving that critics say may lead to abuse of power by law enforcement officers. The measures are part of the Justice Ministry's proposed amendments to the Land Transportation Act which were approved by cabinet ministers on June 26.

 

Under the amendments, motorists who refuse to take an alcohol breath test at police checkpoints will be automatically regarded as drunk and detained for extensive questioning. If convicted by a court of law, the motorist will have his/her driving licence suspended for five years. Under the current laws, motorists who refuse to undergo a breath test are subject to a maximum fine of 1,000 baht for disobeying police officers on duty. If found guilty of drunk driving, the offender must perform community work as assigned by the judges

 

What worries us is that the new proposals allow the police officer on duty to use his own discretion to detain a suspected drunk driver. Of course we all want to promote road safety and reduce casualties on the highways, but the law must leave no room for error or abuse of power. We wonder whether the Justice Ministry has exercised utmost wisdom and caution before submitting the proposals to the cabinet.

 

To be fair, the government should conduct a survey to find out whether people approve of these tough new measures. People must be asked whether they trust the police to do everything by the book."

 

Bangkok Post

 

With over 14,000 deaths a year, and rising, in Thailand, strict measures are called for. The UK is a country of about the same size and population with annual deaths on the roads of under 3000 and falling.

[Guest Steve1903]

I don't see any reason to refuse a breath test unless you know you're guilty anyway. I would also assume the law in most countries would be that you are deemed guilty if you refuse.

[Bob]

I don't see any reason to refuse a breath test unless you know you're guilty anyway. I would also assume the law in most countries would be that you are deemed guilty if you refuse.

 

Actually, no. Most countries (western, anyway) have separate laws requiring you to take the breath test and, if you refuse to do so, that's a separate offense and/or your license is automatically suspended for a period of time (usually 30-90 days). Under most western laws, one is not required to help incriminate oneself in any manner; however, they get around this in a way by saying that the driver's license is a privilege and not a right and, if you refuse the breath test, the government has the right to withdraw your privilege to drive.

Until Thailand truly gets serious about drunk driving, the carnage will continue.

[Guest A Rose By Any Other Name]

This whole issue is ridiculous anyway seeing as how a little roadside "palm greasing" can make any motor vehicle infraction disappear instantly! One thing that isn't about to change anytime soon in Thailand is corruption. In cases like this, it can work to your advantage.

 

TR The Rose