Tránsito Will
Continue To Enforce Drunk Driving Law Despite Suspension Of Trials
Although the Policia de Tránsito will continue their zero tolerance
towards drunk and reckless drivers, setting up roadblocks and spot
checks to detect and take off the road those drivers under the
influence of alcohol, the Poder Judicial said it is suspending trial
until the Sala IV resolves the issues raised by "Flagrancia" judge,
David Hernández.
On Thursday, judge Hernández suspended the first drunk driving trial
against Alejandra Acuña Aguilar, who was stopped by police on
January 1, 2009, with a 2.24 blood alcohol content reading while
behind the wheel of her vehicle.
Judge Hernández said there were loopholes in the legislation that
went into effect on December 23, 2008 and asked the Constitutional
Court, also known as the Sala IV, for a decision before he will
proceed with the trial.
The decision of the judge has put in jeopardy all the cases of drunk
and reckless driving before, including those who have already
pleaded guilty and been convicted.
The ministra de Transportes, Karla González, has sent a letter to
the president of the Corte Suprema de Justicia (Supreme Court), Luis
Paulino Mora.
A number of legislators came out Friday saying "we told you so",
saying that the legislation passed was flawed and that the judge's
question of constitutionality was expected.
At the heart of the problem, based on the arguments of judge
Hernández, is the definition of a "vehicle". The judge says the new
Ley de Tránsito is not clear on what defines a vehicle, as it could
be a "horse and buggy', a bicycle.
The judge feels that the definition of a vehicle in the law is very
broad and is full of loopholes.
The judge also commented on the constutional right of a drunk driver
to have a blood test within 30 minutes after being pulled over by a
traffic official and administered a breathalyzer test.
In the past, drivers who were found over the limit could take a taxi
or other means of transportation to visit a clinic for a blood test
to disprove the readings of the breathalyzer.
Judge Hernández said that it is impossible for an individual to
exercise his or her constitutional right while in detention as is
the case now, as Transito officials now have the right to detain a
drunk driver as well as confiscate the vehicle.
However, the subdirector de Tránsito, Huanelge Gutiérrez, was clear
that his officers will continue to enforce the law and will take
into custody and confiscate the vehicle of any driver with a
breathalyzer reading of 0.75 or greater, as established in the new
law.
Gutiérrez added that on the first day of the Palmares Festival, only
two drivers were found to be driving under the influence. The norm
is usually much higher, according to Gutiérrez, who cited that the
new law is having a positive effect. |
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