BDF officer found guilty of drunk driving

CALISTUS KOLANTSHO
Correspondent | Tuesday March 8, 2011 00:00

The accused was fined P5,000 for drunken driving and P3,000 for failure to provide breathe specimen. He was ordered to pay the money by July 7, upon failure he will serve a two-year imprisonment term.

The accused was also suspended from driving for two years and his driver's license has also been forfeited for the same period. Passing the sentence, Mujaji mentioned that the job the accused is doing does not correspond with the offence he has committed, adding that as a Botswana Defence Force (BDF) officer he is expected to behave in a professional way. She noted that the accused has also committed a serious offence that carries stiff sentences.

In his mitigation before sentence, Thapisa pleaded with the court to be lenient on him because he is a first offender, He mentioned that he is still young and if sent to prison his life will be destroyed.

He informed the court that he has two children who are dependent on him and their mother is unemployed.

According to the evidence brought before court, the accused was driving a motor vehicle along A1 road at Sese gate when he was stopped by a police officer, who witnessed him driving in a zigzag manner.

The court was told that when the policeman spoke to the accused, he smelt alcohol on his breath and he appeared to be staggering when walking. The accused's vehicle also had bottles of beer when it was searched. In his defence, Thapisa told the court that he was staggering because he had not taken his medication and that he could not breath into the breathalyzer unless he is given his medication. Mujaji said the state witnesses in the matter gave their evidence well and corroborated each other on all material points.

'The accused insisted that he was under medication and hence he appeared to be drunk and was staggering.

It was his duty to produce evidence before this court, such as a doctor's report or medical receipts or prescriptions to show that he was under medication and therefore could not breath into the machine,' she said.

She stated that the accused failed to provide the court with any such proof. She added that if he was under strong medication he should not have been driving.  Mujaji said that she was satisfied that the state had proven its case against the accused.