Refusal of Breath Test: Richard Duval Explanations

The former member of the Mauritian Social Democratic Party (SIMDUT), Richard Duval, is explained in the presence of his lawyer, Peeroo Assad for more than two hours on Tuesday, July 23 police station Pailles. The chairman of the  State Property Development Co Ltd , said he refused to submit to a breath test after a car accident at Straws Sunday night, for four reasons.

" First, it must be said that the law allows someone to refuse a breath test. Then I have a small health problem. My whole family knows that I am asthmatic. Finally, I was seized and I had taken a syrup against cough, named Benylin,  which contains a high percentage of alcohol , "said Richard Duval to the press as he left the police station.  

However, after giving his testimony, Richard Duval was led to the place of the accident where measures have been taken. He explained that he was on the highway towards Moka, around 22 hours on Sunday, when his BMW went off the road in a turn. The right flank and the bumper of the vehicle were damaged.

Richard Duval went to the police station to report the accident Pailles but have however refused to submit to a breathalyzer test. He told investigators he would explain in detail about the accident in the presence of his lawyer. This is what he did late yesterday afternoon.

According to a senior police, the  Road Traffic Act  provides that a driver be tested for alcohol and gives a sample of his blood and his urine if suspected of driving while intoxicated. However, if he refuses to submit to these tests, there is a prima facie case to argue that driving while intoxicated over the legal limit. A drunk driver who agrees to make a fixed penalty after being found positive for alcohol harvest eight points. By cons, if he decides to go to court, it may accumulate between eight and ten points. This, at the discretion of the magistrate.

In this case, it will be the judge to decide after taking into consideration the submissions made by the investigators.