Constable fined for refusing breath test

Lebogang Baingapi | Wednesday May 25, 2016 17:05

 

Magistrate Segametsi Basinyi slapped the penalty on the youthful police officer last week, after Learabea pleaded guilty to the offence. Learabea gave his seniors, Assistant Commissioner Boikhutso Dintwa and Sergeant Leanang Oidilwe, a hard time during a confrontation at Kaduwe area during the annual desert race last year, when he refused to  have them take a breath sample from him.

According to the facts before court, on June 27, 2015, the accused was driving a motor vehicle when he was stopped by a police patrol team, comprising of Dintwa and Oidilwe.

During a conversation, Dintwa detected the smell of alcohol from Learabea and informed him of his intentions to breathe test him.  Learabea was also advised of his option to avail blood samples for testing if health reasons did not permit him to provide a breath specimen. However, the constable refused to be tested stating that he did not want to lose his job. He was warned and cautioned accordingly.  In court, he pleaded guilty to the offence and was convicted on his own plea.

The accused was treated as a first offender and in mitigation he explained that he is taking care of his asthmatic mother and siblings.Magistrate Basinyi noted that the law prescribes that a person found guilty of the offence is liable to a fine of between P500 and P1,000 or an imprisonment term of six to 12 months or to both.