Breathalyser test conducted by Traffic Police goes faulty

By T. Farook Thajudeen  

The Mount Lavinia Magistrate observed that the Breathalyser test conducted by the Mount Lavinia Traffic Police was faulty and not in line conforming to the Motor Traffic Act.  

Hence the six months suspended term of the suspect’s driving license was reduced to two months following the application made by Senior Counsel Ian Fernando who appeared along with Geethma Perera and Ushira Dharmaratne on behalf of the suspect.   

The Counsel submitted that the law related to drunken driving stateed that if a suspect exceeded 0.8 % (80 mg/dl or more) concentration of alcohol in his blood, the suspect shall be charged under section 151 of the Motor Traffic Act. However in this particular case, the suspect who was an employee attached to a pharmaceutical distribution company had celebrated his promotion as the newly appointed territory Executive on the 1st of April after receiving his promotion letter.  

It was said that the suspect’s immediate boss along with few other colleagues had demanded a party at a leading hotel in Wellawatte. After the said celebratory party, police had apprehended the suspect 50 metres away from the hotel.  

Counsel Ian Fernando contended that the suspect  was not a habitual drunkard and had consumed a bottle of beer at the request of his boss. The Counsel further revealed that the license was an essential component for the suspect to engage in the distribution of vital and paramount pharmaceutical drugs throughout the country in areas such as Wattala, Katunayake, Kurana, Katana, Naththandiya, Kiribathgoda, Gampaha, Kurunegala etc.  
The Counsel who produced the Suspect’s sales records in courts and an affidavit from the suspect stating that due to the anxiety and the stress, the suspect underwent the Breathalyser test when he was apprehended by the police and went ahead with the test even though the average requirements which should have been followed when performing the Breathalyser test, such as washing the mouth before undergoing the test, ensuring that the seal of the Breathalyser test kit be opened in the presence of the suspect, ensuring that the test be conducted in a non-toxic area, and that the Breathalyser balloon be blown by the suspect within 15 seconds, had  not been followed by the Police.  

 As a result of the aforesaid shortcomings conducted during the Breathalyser test, it was termed that the respect’s blood alcohol content surpassed the limit of 0.8 % (80 mg/dl or more) concentration. The suspect further pleaded in his affidavit that the standard six months period of suspension of his driving license be drastically reduced to save his job as a Pharmaceutical distributor.   

The Court after having considered all the documents tendered by the suspect’s Counsel, ordered the suspect to pay a fine of Rs. 25,000/- and reduced the standard 6 months driving license suspension for a term of period of two months upon the application made by Counsel Ian Fernando.