DPP appeals breathalyser ruling

Friday, December 20, 2019

Chaos immediately ensued in police circles after the ruling

FRANCISTOWN: The Directorate of Public Prosecutions (DPP) is appealing a case in which the High Court in November outlawed the use of a breathalyser (Intoximeter EC/IR) within the context of the Road Traffic Act (Cap 69: 01) of the Laws of Botswana.

Chaos immediately ensued in police circles after Justice Lot Moroka ruled that the Intoximeter EC/IR was illegal because it was not one of the breathalysers that are sanctioned for use within Botswana to test the amount of alcohol in the breath of drivers.

In the aftermath of Moroka’s ruling, the prosecution (police) in Maun went to the Magistrates Courts and applied for the withdrawal of hundreds of cases related to people who were allegedly driving cars while the amount of alcohol in their breath was above the prescribed limit.

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DPP appeals breathalyser ruling

FRANCISTOWN: The Directorate of Public Prosecutions (DPP) is appealing a case in which the High Court in November outlawed the use of a breathalyser (Intoximeter EC/IR) within the context of the Road Traffic Act (Cap 69: 01) of the Laws of Botswana.