Use Of Ungazetted Breathalyzer Leads To Acquittal

No Image

FRANCISTOWN: The police have bungled a case in which they used an un-gazetted breathalyzer to test the breath of a person who they suspected was driving a motor vehicle while the amount of alcohol in his breath exceeded the prescribed limit.

This scenario emerged in a matter in which Freeman Mapukule had taken the Directorate of Public Prosecutions (DPP) to clarify two critical issues around the use of breathalysers within the context of the Road Traffic Act (Cap 69:01) of the Laws of Botswana. Giving judgement in the matter, Justice Lot Moroka said the first issue concerns the types of breathalyzers permissible under the Road Traffic Act in Botswana while the second is concerned with the law on the offence of Refusal/Failure to Provide a Specimen of Breath Contrary to Section 47 (5) of the Road Traffic Act.

“In this case, the Appellant was arrested by the Selibe-Phikwe police following an accident in which the motor vehicle he was driving collided with an electric pole and fence after he lost control of the motor vehicle. The police who attended to the accident formed the opinion that he was driving whilst under the influence of alcohol and asked him to accompany them to the police station for testing his breath for alcohol level. The accused agreed and upon arrival at the police station, the Appellant was duly warned that he was required to provide a specimen of breath into an alcometer referred to by the Police officers who gave evidence at trial as Intoximeter EC/IR serial number 012623,” said Moroka.

Editor's Comment
Our queen: Bring home the crown

Well-wishers gathered at the Sir Seretse Khama International Airport to bid our queen farewell and wish her success as she joins other beauties from around the globe for the coveted crown. Competing in such events is nerve-wracking, and one needs to be fully prepared to stand a chance of making it as a finalist.It is not just about physical fitness; mental state matters too. Unfortunately, sometimes our queens end up facing such fierce...

Have a Story? Send Us a tip
arrow up