All court cases where evidence was obtained using the Drager breathalyser device have been provisionally withdrawn, the National Prosecuting Authority said on Sunday.
“The NPA is going to have all cases where the evidence was obtained using a Drager provisionally withdrawn or postponed, pending the Western Cape High Court ruling,” spokesman Mthunzi Mhaga said.
“The ruling will set a precedent... we are confident that the NPA has a strong case in favour of the Drager.”
The device measures the volume of alcohol vapour in a drinker's exhaled breath.
In the Western Cape High Court Clifford Joseph Hendricks is currently challenging the validity and accuracy of the Drager (SUBS: Umlaut on a) apparatus used during his arrest last year. His alcohol vapour count was 0.95mg. The maximum allowed is 0.24.
A Durban man was cleared of drunken driving this week after his lawyer challenged the law regarding the use of the breathalyser device, the Sunday Times reported.
The Durban Magistrate's Court found hotel manager Aveer Inderjith, 22, not guilty after the State failed to “produce any evidence regarding the instruments used”, according to court documents containing the ruling.
His lawyer Anand Nepaul was quoted as saying: “This was the first time I dealt with the legality of using that instrument to adduce evidence in court. The transport minister must sort the act out and get reliable equipment. You can't charge people where there is no law allowing the use of the equipment. First it has to be legal, secondly, reliable.”
Durban police spokesman Colonel Jay Naicker told the newspaper the city stopped using the Drager system in April, and was now using blood tests. (from IOL)
(The Drager is no more than a useful indicator someone is intoxicated. The problem is the police aren't allowed to take the blood required for the test to prove they're drunk: Not that I'd allow the police to take blood!)
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