Wednesday 31 December
2008, San José, Costa
Rica
Appeal Against
Drunk Driving Law Filed;
Swiss Tourist Given
Probation
TLC With The US
Goes Into Effect Tomorrow
2009 Begins With
Minimum Salary Increase
SEC Settles With Rica
Foods
Destination Weddings
Keep Guest List Down
|
Appeal Against
Drunk Driving Law Filed;
Swiss Tourist Given
Probation
The habit of filing a "recurso
de amparo" (writ of
habeas corpus) against
laws that do not sit
well has not escaped the
newly passed Ley de
Tránsito, in particular
the article that sends
drunk drivers to jail.
The Sala Constitucional
yesterday received its
first filing by a man
accused of drunk
driving.
The man identified as
José Rafael Fuentes, is
appealing the section of
the Ley de Tránsito that
punishes drivers with
0.75 or more blood
alcohol content to be
handed over to the
courts and face, in
addition to having their
vehicles confiscated and
losing their license for
two year on the first
offence, face one to
three years behind bars.
Fuentes cites the World
Health Organization
(WHO) categorization of
alcoholism is a disease
and says the state
should apply "curative"
measures rather than
imprisoning offenders.
Fuentes argues in his
filing that going to
jail should be a last
resort method by
authorities.
The "recurso" follows a
week of tough action by
the Policia de Tránsito
and the Fuerza Pública
against drunk drivers.
The recurso de amparo,
according to Court
statement released
yesterday, is in the
process of admissibility
and does not put the
brakes on the actions by
the Juzgado Penal de
Santa Cruz against the
group of 24 drunk
drivers who were caught
by the Policia de
after leaving a party in
Hacienda Ojochal en
Carrillo, Guanacaste.
One of the detained
during the police
operation was a Swiss
national identified
Patrick Wild, 24 years
of age, who was
submitted to an
abbreviated process due
to his status as visitor
to Costa Rica.
Wild was of the drivers
caught and sentenced
to eight months prison.
However his sentenced
was reduced to probation
given his clean criminal
record in Costa Rica and
the world.
The new Ley de Tránsito
does not apply only to
Costa Ricans, but to
every driver on the road
no matter his
nationality or his
status in the country.
Another driver, a Costa Rican identified only by his last name, Ranero,
was ordered not leave
the country and sign in
every 15 days due to the
man's ties to family
outside of Costa Rica
and living outside the
country for many years.
All the drivers had
their vehicle
confiscated and lost
their drivers licenses
while the await their
day in court.
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