Breathalyser to make a comeback

File picture: Henk Kruger / Cape Argus.

File picture: Henk Kruger / Cape Argus.

Published Jan 13, 2016

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Cape Town - The Dräger breathalyser unit is due to make a comeback, after the traffic department decided to stop using it in its breath-alcohol tests in 2011.

The Western Cape High Court found that it had not met necessary requirements.

But, after working out the kinks, Western Cape transport authorities would be ready to roll out the unit by next month.

In 2011, Judge Nathan Erasmus ruled that results obtained using the Dräger Alcotest 7110 Mark III could not be used as evidence because it had not been properly calibrated and the user manual had not been properly followed.

He said the device could and should be modified to meet court standards.

Spokesman for the Department of Transport and Public Works, Byron La Hoe said since the judgment was handed down in the State v Hendricks case in 2011, a national team was formed to address the problems raised by Judge Erasmus.

The team included the Western Cape Directorate of Public Prosecutions.

“This national team is now in the final stage of concluding the various matters that had to be addressed, including appropriate technical standards and changes to applicable legislation,” La Hoe said.

He told the Cape Argus the team took great care to consider Judge Erasmus’s remarks in 2011 where he stated: “The State ought to be able to utilise, to the full extent possible, all available tools at its disposal.

A PRIORITY

“If there is a tool available which both passes constitutional muster and requires a comparatively small allocation of resources, especially in light of the service delivery imperative and the concomitant competition for allocation of resources, it ought not only be used, but prioritised.”

The department was therefore prioritising the re-implementation of “evidentiary breath alcohol testing”, La Hoe said.

Provincial traffic chief Kenny Africa said the return of the Dräger was imminent as the final tweaks were nearly complete.

Africa had hoped the unit would have been ready in time for the festive season.

“The breathalyser will help us deal with drinking and driving. We take a person to the police, then to hospital and that takes a long time for convictions.

“But with this, it takes about four hours,” he said.

Africa said after a driver suspected of drunk driving had been taken to hospital, traffic authorities then have to wait for blood test results which could take more than a year.

LIVES LOST

Mayoral committee member for Safety and sSecurity JP Smith said he strongly supports the return of the breathalyser.

“It’s important we get it back, we have lost a lot of lives while stuck waiting.

“Perpetrators are not being prosecuted, cases collapse because evidence gets lost.”

Smith said instead of the long wait for blood test results, with the Dräger breathalyser, perpetrators could go straight to court if they were found to be over the legal limit.

In June 2011, all drunk driving cases where the Dräger readings were used as evidence were provisionally withdrawn by the National Prosecuting Authority.

This followed a landmark case in May 2011, in which Clifford Joseph Hendricks pleaded not guilty to a charge of drunk driving. The Dräger recorded his blood alcohol at 0.95mg per 100ml – four times over the legal limit.

However, his lawyer questioned the correct use of the unit.

Hendricks was acquitted of the charge and, subsequently, the use of the Dräger was scrapped.

Cape Argus

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