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An oversight in the Traffic Law may allow numerous convictions for drunk driving to be reversed. In a recent case, the crown lost its prosecution against an expatriate male in his early 30’s for drunk driving.

The police officer tested the man for breath alcohol content using an intoxilyzer, a breath alcohol content 5000 machine, which is standard police practice. However, according to the Traffic Law (2003 revision), the three methods used to test for alcohol limits include: a blood test, a urine sample and blood alcohol content using a alcohol-in-breath machine.

In other words, there is no accommodation in the law for using breath alcohol with an intoxilyzer 5000 machine.

Consequently, the judge acquitted the man of the offence. Although the crown appealed the acquittal, it later withdrew its appeal in March according to attorney Simon Dickson of Quin & Hampson.

“This was an oversight by the legislature to not include breath alcohol content in the statute,” said Mr Dickson. “It was an oversight by the police who failed to calibrate their machines for blood alcohol content.”

Mr Dickson explained that it is standard in the United Kingdom to include all four methods for alcohol limits. Moreover, since measuring breath alcohol content has been used for years, this case could set a precedent for reversing potentially hundreds of drunk driving convictions that were based on the breath alcohol content intoxilyzer 5000 machine. There are hundreds of drunk driving cases before the courts every year.

“But it won’t help people who plead guilty,” he said.

Mr Dickson understands that since the acquittal, the Royal Cayman Island Police Service (RCIPS) has recalibrated its intoxilyzer machines to measure for blood alcohol content so the loophole in the traffic law is closed going forward.

It also raises the question on whether there will be another revision in the traffic law as concerns about drunk driving have increased in recent years.

Source: Cayman Net News

 DSA Comments   This article has been included here in the hope that it may prompt people in other national and regional jurisdictions to double-check that their relevant 'breath, blood or urine' legislation will not permit another lapse in justice in this manner.

Eddie Wren, Executive Director, Drive and Stay Alive, Inc.