Drunken driving laws need a rethink. This sentiment was expressed by Western Cape Transport MEC Robin Carlisle as the Cape Argus, as part of its LeadSA campaign, published the latest tranche of names of recently convicted drivers sentenced in Western Cape criminal courts.
The list, published in the paper on Thursday, details drivers whose names have been handed over to the provincial transport department for capture on the electronic eNatis database.
Carlise said: “I am concerned that South Africa still has inadequate laws governing drunk driving. Section 65 (3) of Act 93 of 1996 of the national Traffic Act, for example, imposes a two-hour window for testing that can in some circumstances allow drunken drivers to slip the net.
GETTING AWAY WITH MURDER
“In one case the convicted killer received a R5000 fine for killing a man who was out on an early cycle ride with his young son. Although his blood sample indicated he was several times over the legal limit, his lawyer was able to create sufficient doubt over whether or not the sample was taken within the two-hour limit.”
Carlisle added: “Although convicted of culpable homicide and given a suspended sentence and so-called 'house arrest', the killer essentially walked free and was allowed to pay the fine off in monthly instalments.”
The list of names published today relates to two crimes:
-Driving “over the limit”: the driver was tested and found to be over the legal limit for blood alcohol.
-Driving “under the influence”: the driver was convicted based on records showing him or her to be driving under the influence of intoxicating liquor or drugs.
The list does not cite when crimes were committed. Not all magistrate's courts file their records simultaneously. - Cape Argus