Transport
Minister Amis To Close Drunk Driving Law
Loopholes
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Transport
Minister Aims To Close Drunk Driving Law
Loopholes
Closing all the "loopholes" for drunk
drivers to avoid the sanctions under the new
Ley de Tránsito is the goal of the
Ministerio de Obras Públicas y Transportes (MOPT),
according to MOPT minister, Karla González.
The minister said that she will be seeking
the support of the Fiscal General (Chief
Prosecutor), Francisco Dall’Anese, so that
the parameters used by the MOPT is the same
in all trials.
One of the loopholes is the right of drivers
to demanding to be driven to a medical
centre for a blood test instead of a
roadside breathalyzer test used by the
Tránsito officials.
The new Ley de Tránsito allows traffic
officials to detain a drunk driver. However,
some drivers refuse to provide a roadside
breathalyzer test, leaving Tránsito.
officials no option but to have a blood
test.
Germán Marín, director of the Policía de
Tránsito, said there is sufficient
jurisprudence to uphold a roadside
breathalyzer test. "The Sala IV
(Constitutional Court) obligates us to
perform a roadside breathalyzer test, but if
a driver decides to refuse, there are other
possibilities, which is handing the driver
over to the fiscales for a blood test, which
option is mandatory", said Marín.
However, that is where the problem lies, the
time between the driver being stopped and
the time the blood test is actually
administered. The conditions of the blood
alcohol content is different hours later
when the blood sample is actually taken.
To that end, minister González, is asking to
set a determined "valid" time period between
the blow and the lab test, without voiding
the first.
The truth, according to minister González,
is that even though the new Ley de Tránsito
that went into effect last December 23, is
tough on drunk drivers, Costa Ricans
continue to insist on getting behind the
wheel after drinking and the statistics are
still to high for the minister.
Minister González quotes the most recent
statistics of 131 drunk drivers stopped by
Tránsito officials during Semana Santa, when
the average weekly is 75 or 300 per month.
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