Drunk driver discharged by the court

He was fined of Rs 10,000 and banned from driving all vehicles for eight months. Couronne did not dispute the fact that he was driving under the influence of alcohol, as the blood sample taken demonstrated that he had a 97 milligrams of ethyl alcohol per 100 milliliters of blood.

However, the point that Couronne in questions is that the judge should have dismissed the information because the blood sample was obtained unlawfully. The two points on which the appeal were that the prosecution had not shown that the breathalyzer device used by officers was approved by the minister and no certificate to that cause had been produced in court.

Secondly, he argues that the blood test was illegal. On January 29, 2008 at 12.40 am, a policeman stopped his van for a routine check. Couronne agreed to go through the breathalyzer test which proved positive after which he had complied to do a blood test. The judges Shaheeda Peeroo and Nirmala Devat said that the type of tool used by the officer hadn’t been approved by any rule. The judges said that the test result though positive was invalid as there was no proof that the equipment had been approved by the minister.

The judges commented that there must be a balance between the need for law enforcement on those who disobey the law and outside the law but on the other hand, it is imperative to protect the freedom of an individual and the right of the citizen to be convicted only in accordance with the law.

Due to lack of evidence the judges cancelled the sentence against Couronne.