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Driver blowing into the Dr�ger breathalyser device. Picture Henk Kruger/Cape Argus.
All court cases where evidence was obtained using the Drager breathalyser device have been provisionally withdrawn, the National Prosecuting Authority said on Sunday.
“The NPA is going to have all cases where the evidence was obtained using a Drager provisionally withdrawn or postponed, pending the Western Cape High Court ruling,” spokesman Mthunzi Mhaga said.
“The ruling will set a precedent... we are confident that the NPA has a strong case in favour of the Drager.”
The device measures the volume of alcohol vapour in a drinker's exhaled breath.
In the Western Cape High Court Clifford Joseph Hendricks is currently challenging the validity and accuracy of the Drager (SUBS: Umlaut on a) apparatus used during his arrest last year. His alcohol vapour count was 0.95mg. The maximum allowed is 0.24.
A Durban man was cleared of drunken driving this week after his lawyer challenged the law regarding the use of the breathalyser device, the Sunday Times reported.
The Durban Magistrate's Court found hotel manager Aveer Inderjith, 22, not guilty after the State failed to “produce any evidence regarding the instruments used”, according to court documents containing the ruling.
His lawyer Anand Nepaul was quoted as saying: “This was the first time I dealt with the legality of using that instrument to adduce evidence in court. The transport minister must sort the act out and get reliable equipment. You can't charge people where there is no law allowing the use of the equipment. First it has to be legal, secondly, reliable.”
Durban police spokesman Colonel Jay Naicker told the newspaper the city stopped using the Drager system in April, and was now using blood tests. - Sapa
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Anonymous, wrote
And what about all the cases from previous years gone by ?
ntombo makhubalo, wrote
@kevin, i totally agree with you lets unite and take a stand against crime*baie kwaad*blerrie criminals.
ntombo makhubalo, wrote
@kevin, i totally agree with you lets unite and take a stand against crime*baie kwaad*blerrie criminals.
Kevin Padayachee, wrote
I hate the way people hide behind their lawyers and look for loop holes in the law to get out of crimes committed. I think the constitution and laws need to be re-looked at and ironed out. Police put their lives on the line to protect and serve. Police do what they have learnt and at the end they are tried as criminals. If you drink you shouldn't drive period. South African citizens are too quick to blame the government and police but when they caught they still offer police a R200.00 bribe to get out. WE (South Africans) need to unite and take a stand against crime. If we all pull together and work towards one goal there is nothing we can’t accomplish. I am one South African willing to die for the wellbeing on my country and it’s citizens.
mrs Kiwi, wrote
Why the hell not? They use this in Western countries?\ Vavi, this country has proved that it is already a Banana Republic.
teetotaler, wrote
just ban driving after ingesting any intoxicant, no matter the amountor the resultant % alcohol blood content. i have seen people with very high standards and expectations make total fools of themself after consuming small amounts of alcohol. they actually lowere their standards and expectations and contradict their own views when intoxicated. just very relaxed or do they then show their true colours. what does that say for driving under the influence? even if only just.
ChrisH, wrote
You actually included the text,'Drager (SUBS: Umlaut on a)' in the article. The irony!
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