ttgapers.com

Trinidad and Tobago Works Minister Colm Imbert announced yesterday that President George Maxwell Richards would proclaim the act which will allow the use of the breathalyser in Trinidad and Tobago on Monday. The Motor Vehicles and Road Traffic Amendment Act, which allowed for the use of a breathalyser, was first passed under the United National Congress administration but was never implemented.

For drinking and driving, the penalty for a first offence under the new law is TT$8,000 or imprisonment for three years. A second offence results in a TT$15,000 fine or imprisonment for five years, and a third offence leads to permanent disqualification from holding or obtaining a driver’s permit.

In making the announcement at yesterday’s post-Cabinet news conference, at the Office of the Prime Minister in St Clair, Imbert explained that there would be two tests-a field sobriety test, which gives a preliminary indication of the alcohol in a person’s system-and a more detailed test which would be conducted at the police station.

He explained that a police officer is empowered to stop a person driving a motor vehicle, whom he suspects of having consumed alcohol in such a quantity that the proportion in his breath exceeds the prescribed limit. Police officers are further empowered to conduct a breath test and breath analysis.T he onus would then be on the person to prove that they are not over the limit.

Imbert said under the act, the minister is required to approve devices for the purpose of obtaining an indication of alcohol on a person’s breath. He said after careful consideration of breath-testing devices, Government has identified two suitable devices. Of the two types of devices, the a hand-held device used for a field sobriety test, has limited accuracy and is not used for court purposes, he said. The device used for detailed testing at the police station is used for court purposes.

Drivers in Trinidad are happy to hear that the law is finally in place. “It’s a good move. We have been hearing about this for a long time now. The question now is how stringent these fines will be. How much drinks a person is allowed to have?” said driver Clint Richards yesterday. “This is long overdue. Government needs to move swiftly and implement it. There are too many road accidents in this country. This would push people to be sober. I hope it works, especially around Carnival time. People would know now to have a designated driver,” said Darryl Jeffrey.

Chairman of Arrive Alive, Kirk Waithe, expressed scepticism however, saying, “Arrive Alive maintains that anything short of implementation, meaning anything short of law enforcement agents on the roads with breathalyser units conducting routine breathalyser tests, with the support of the appropriate legal framework to charge, detain and ultimately prosecute those who would so callously endanger lives on our nation’s roadways by driving under the influence of alcohol, remains unacceptable, and would unfortunately represent similar, well documented, past statements of repeated rhetoric.”

Opposition Leader Basdeo Panday also said he too would only be fully convinced once he sees the breathalyser legislation implemented. “I would like to wait and see whether they are capable of implementing it. They have a penchant for importing and buying stuff and not being able to use it,” Panday said in an interview. Congress of the People (COP) political leader Winston Dookeran said, “We have been advocating for the proclamation of that act for some time now. It begs the question why did it take so long, notwithstanding that I hope that it will be speedily implemented and I look forward to it. We will be watching carefully to ensure there is no skullduggery.”