Breathalyser comes into force month-end

Published: 13 Nov 2009

Watch the Christmas drinking and driving. After 16 years, the long-awaited breathalyser alcohol testing device comes into force from month-end via police operations around well-known liming spots and bars initially, Works Minister Colm Imbert said yesterday. And by mid-2010, breathalyser testing would be expanded to all parts of T&T, Imbert also said.

Imbert’s announcement of the device was made at yesterday’s weekly media briefing, held this week at the Prime Minister’s office at St Clair Boulevard instead of the Diplomatic Centre. Announcement of the breathalyser came a day after the Arrive Alive group, in a full page daily newspaper advertisement, called on Government to implement the device. The appeal by Arive Alive was the latest of many over the years for the tool, spanning several decades and as many administrations.

Yesterday, Imbert said the breathalyser law, within the Motor Vehicles and Traffic ordinance, which was passed in mid 2007 would be proclaimed on Monday after a two year period in which Government examined types of breathalysers for use in T&T. Imbert said Cabinet yesterday approved orders for two types of devices to be used in breath tests. Breathalyser testing would begin shortly after proclamation of the law towards month-end. Under the 2007 law, police were permitted to stop motorists who were suspected to exceeding the alcohol level in order to do breathalyser tests. Imbert said, “I’m pleased to announce that after careful consideration of typical breath testing devices in developing countries especially the US, we have identified suitable devices to used here.”

“The ministry has now approved the devices for testing. That was one of the reasons we took so much time and we’re fairly confident the devices that were eventually selected have been tried and tested and won’t be defeated by clever attorneys trying to find loopholes,” he said. Devices selected were based on co-ordination with the US National Traffic and Highway Safety administration that publishes standards for such devices. The Government was confident the devices elected would not be subjected to challenges such as arose with some breathalysers in the US. Imbert said the devices chosen were scientifically tested and updated regularly.

He said some police officer had already been trained in use of the devices. “By the end of the month for the Christmas season, the police will be out in full force doing breathalyser testing,” Imbert said. Imbert said this would take place in well-known liming areas and bars. There are two types of testing devices, Imbert said. The first is a hand-held device used by police for field sobriety tests or to give preliminary indication of blood alcohol levels. Imbert said this had limited accuracy and was not used for evidential purposes. However, it was an indication that a driver may be over the prescribed alcohol level.

On the basis of this first test, police officers can ask the driver to go to a police station to do a more detailed test. Findings of this second test would be used in court proceedings. Devices so far selected for the preliminary test were the Lion Alcometer, the Alcosensor FST, Breathalyser Drago Alcotest and the Alcoblew. For the formal test for quantitative measurement of the proportion of alcohol in a person’s breath, devices to be used included the RBT4, the FC20 and the Intoxilyser 400. Imbert said the alcohol limit threshold was between .07 per cent/08 per cent Imbert also equipment would be procured by tendering processes and may have some local suppliers. Imbert also said the Government intended improving seat belt and other laws including use of infant seat belts in a planned package of amendments.

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Only 16 years

Only 16 years waiting...

Jumbie's Watch

16 years have left me

16 years have left me cynical so I not betting any money that any breathalyser will be in force for any November month-end 2009.

If Minister Imbert had said that members of the 'newly formed' police bicycle squad would be the ones at the end of the month carrying the breathalysers as their patrol non-hotspots in their "bulletproof vests, head gear and would be armed", now that I would believe.

More like 40 years, as I

More like 40 years, as I remembered writing a letter to the Guardian and other TT newspapers (Letter was published) in 1968 concerning a debate on the consideration of the breathalyser

DESMOND SMITH -

DESMOND SMITH - BREATHALYSER:

Promises .. promises .. Won't believe it until it is here and fully functioning. Like the others, I will not be holdiing my breath. You waited 40 years, and I know you will have the patience to wait a bit longer .. it will happen in this lifetime. You see this is a priority, and priorities do not get attended to in a hurry in my beloved island.
Gardenia

You believe anything

You believe anything Imbert-cile says?

I have the London Tower bridge to sell you then...

Jumbie's Watch

Start with Uncle Pat. He

Start with Uncle Pat. He seems to be intoxicated all the time(with Power). They should also do trials (pre-testing) randomly with Police Officers on duty. KNOHO

“I’m pleased to announce

“I’m pleased to announce that after careful consideration of typical breath testing devices in developing countries especially the US, we have identified suitable devices to used here.”

Mr. Imbutt I believe that the US and other countries you are referring to are already developed and light years ahead of T&T in all facets.

"Questioned about the use of

"Questioned about the use of such devices in a time of swine flu, Imbert stressed that a new mouthpiece has to be used every time the police officer does a test, so that no motorist is given a mouthpiece used by someone else. He said all this was part of the training to which the police are being exposed". (Express Newspapers, 13th November 2009).

Could someone tell me how we are to know (if you are stopped and directed to take this initial test) whether the mouthpiece has been changed? Would it be changed in your prescence?

We need to know, how we will know that the process has taken place as the minister has indentified it should; it is not only a matter of training or trust.

More promises Mr Imbert? But

More promises Mr Imbert?

But this time you don't seem to be snickering or giggling like a schoolgirl.

I guess that you've heeded our call to stop insulting us.

Now all you have to do is to stop fooling us.

Pass the law, proclaim it and start enforcing it man.

http://dsaltsman.blogspot.com/

What is different this time,

What is different this time, is that the reporting on this matter is more or less accurate. As a result, readers have a clear understanding of what I really said, rather than a distorted version

"What is different this

"What is different this time, is that reporting on this matter is more or less accurate", what does that mean, is it accurate or not, did you say what they say you said, what does more or less mean.
We the readers, or maybe I should say I, never get a distorted version of what you say, it is very clear what you say and what you mean.

Minister Imbert, I saw the

Minister Imbert, I saw the news clip on tv last night. You presented yourself in a very professional and proper way. I too, was a big critic of how you spoke down to the media. I congratulate you on making this bold step and look forward to seeing a lot of positive things coming out of your ministry.

Thank God for that if it

Thank God for that if it happens. It is the best deterent ever, I just hope that the highway to San Fernando is monitored day and night especially on weekends when people use the layby as their own personal bars. Trinbagonians will find a way to tr cheating, but it is one of the hardest things to do.

Imbert Grand charging again.

Imbert Grand charging again.

The breathalyser law will be

The breathalyser law will be proclaimed on Monday November 16, 2009, which means that it comes into effect on that day. The new fines and penalties for DUI will therefore be in effect on Monday.

After that, for actual breathalyser testing to be conducted, certain orders must be published specifying the types of devices that will be used. Police officers must also receive certificates confirming that they have been trained to conduct breathalyser tests. These orders have already been prepared, and will be published by the end of the month, or early December, and training is in progress. It will be possible, therefore, to conduct breathalyser tests in T&T by Christmas.

The reference to devices used in the USA, that are tried and tested, is in the context of legal challenges to the accuracy of breathalysers, on the grounds that the computer program which was used to operate the devices was defective. This matter has now been more or less resolved in the Courts in the USA, hence the reason why we have opted in the first instance to use devices that are in use in the USA.

What more can you do for us

What more can you do for us your employers

Here is what I want Colm and please collaborate with Esther,Martin and Philbert

1. Road Safety Education in all the schools- ECCE,primary-tertiary
2. Anyone who is issued tickets for traffic offences should have to attend courses organized by your Ministry on Driving Courtesy, Defensive Driving, Effect of Speeding, Effects of Driving Under Influence
3.Besides paying the fines for traffic offences, there should be some community service that is mandatory for the offenders-maybe they could work at MOWT
4. Installation of Speed Cameras especially in the vicinity of black spots
5. Computerisation of all Driving Permit Holders' records, all registered (LEGALLY) vehicles
6. Cease and desist of the practice of "pulling" a certified copy for a fee of $20.00 when one has number plate information- criminals use this to find out about addresses, names of motorists
7. Functioning cameras at all traffic light intersections in order to identify traffic offenders (computerisation of records would allow offenders to be identified)
8. Apply technology to the issuing of tickets by our trusted police-they would have computers in the police vehicles, issuing should be done whereby the act is recorded, this may seem ridiculous but in TT if the police take your documents and have you sitting for 30 minutes in your car, they expect you to go to their vehicle window and bribe them, having the cameras situated on the police vehicle would nip this common practice in the bud
9. Points system for traffic offenders they acquire enough points they lose their right to drive- even Jamaica has this system- we are really backward in TT as we say TT-High GDP - low IQ
10. Incidenatally where are the radar guns- Guyana has them
11. Guyana also have traffic lights that count down the number of seconds before the light changes- On our Churchill Roosvelt many times cars are caught traversing the middle of the highway because the light has changed espcially at exits

Colm can you get Patos and Martin's permission to do this?

You have to do it to please your employers

Could you please answer the

Could you please answer the question in my earlier post, which was as follows: -

"Could someone tell me how we are to know (if you are stopped and directed to take this initial test) whether the mouthpiece has been changed? Would it be changed in your prescence"?

The man computer shut

The man computer shut down...lol

With the heavy fines and

With the heavy fines and long prison terms associated with Drinking and Driving there is plenty bribrey money to be made by the police unless the plan is to only arm the honest police with the breathalyzer.

wow! Wow wow!! All these

wow! Wow wow!! All these rogue/corrupt police about 99% would have very fat bank accounts!!!!! Bribery galore!!!!!This is not going to work unless we have video monitors that cannot be turned off on all cop cars to monitor the activities of these cops!!!!the question of mouthpieces changed asked by some writers are easily monitored as they come in sealed plastic bags and must be changed at the time of the test!!! Very simple act if followed by the officers--targeting known "watering holes" are plain foolish to declare in the open,imbutt! we have to go to all fetes,weddings,parties especially Government parties where panday & de pres frequent to nab all drunkards too!stop at random drivers that are swerving & speeding!!!! please do us justice by targeting the main highways where most accidents occur!!!stop at all rum shops & wait for drivers to come out--very simple acts--it's done all the time in Toronto & major cities in North America/Canada--Nail all corrupt cops by firing them & jailing them for bribery!!
Next,what is the penalty for a DUI????-- on a first conviction,there should be a mandatory suspension of driver's license for 1 year,a mandatory installation of a breathalyser device to stall the engine if over the limit in vehicle after serving the year,a mandatory $5000.00 course to educate the driver, extremely high insurance premiums to protect the public etc etc!!!We can go on for 2 nd & 3 rd convictions as per necessary later on--resulting in mandatory jail terms!!!
Back to what unbutt said that the driver would be asked by the police officer to go to a police station for a more detailed test---what nonsense!!! the culprit must be taken handcuffed to the station by the officer-do they expect him to drive himself there?
Now back to the corrupt cops & bribery!!!the CoP has to devise ways & means to deter such illegal acts by the rogue cops!another long discourse!! you get my drift!!

I am pleased to see that the

I am pleased to see that the Guardian is back on line. Hopefully they are resolving all the technical and human problems they have been experiencing.

While I wait with bated breath, not to be breathalysed, but to actually see the promised legislation being implemented and the law actually enforced, and on an ongoing basis, it would be interesting at this stage to ask the following questions relating to transparency and accountability:

(1) Who is procuring the equipment and related supplies?
(2) Is it a State department or a private contractor?
(3) Who is/are the supplier/s?
(4) Who is responsible for servicing, testing and calibrating the equipment?
(5) Who is handling the training of the police officers in the use of the equipment?
(6) How much is the equipment and related services, including servicing, testing etc costing?

These are but a few initial questions and I'm sure many others will arise in the course of time. Hopefully, the answer won't be that you can't put a price on road safety.

Meanwhile forget about one for the road and you can't stand on one leg this Christmas. We have been assured that everything will be in place to deal with the scourge of drink driving. Next step is to test for driving while using drugs and cellular phones and excessive speeding.

And I wishing for a miracle.

And I wishing for a miracle. Let the police first use it on the licencing officers and vice versa, as they always in some rum shop or bar drinking. If it is introduced at month end they will find a way to claim it is ineffective. A lot of these Police Officers celebrate christmas every day, they sign into work then go off with the police vehicles going from house to house, rum shop to rum shop socialising, eating at cook outs, visiting friends or family etc. The remainder either on sick leave and still drinking every day or taking turns in the station to go out and do their own private business.

So lets see how many of them are being breathalysed over the next few months. Yes we need it to curb drink and drive offences but it is not the ordinary man alone should be targeted.

Mr Imbert you should of

Mr Imbert you should of approved a breathalyser used in developed countries.The US is not a developed country you should of gone to CUBA.Who would be prescribing how much a person should drink?The breathalyser is not to be used in bars,rum shop and liming places it would defeat its purpose.The police cars would line up waiting for anyone who comes out a bar or rumshop gets in a vehicle would be subjected to the breathalyser test.Just for coming out the bar.The Police should be on the streets looking for drivers speeding and cutting in and out.Mr Imbert,someone should knock some sense in your head.Police Officers could ask a driver to go to the station to do a more detailed test.If the driver refuses..then whats next.

Whats next! Lickssssss

Whats next! Lickssssss Galoreeeeeeeeeee.

MEMORANDUM TO: MR. COLM

MEMORANDUM TO: MR. COLM IMBERT, Works Minister

RE: BREATHALYSER LAW

Finally we can see this Law beig activated in T&T. It is a good thing. But as with every good thing there are some questionable aspects that need to be attended to, such as the penalty being imposed under this NEW LAW.

I read elsewhere that for a -
- First Offence - $8,000 fine or imprisonment for 3 years.
- Second Offence - $15,000. or imprisonment for 5 years.
- Third Offence - Leads to PERMANENT DISQUALIFICATION from holding or obtaining a Driver's Permit.

But I did not see if a fine was supposed to also be imposed on the THIRD OFFENCE.

I do believe that offenders should be held responsible for D.U.I. and a penalty imposed. But when I look at these penalties as slated above, I have to also look at the reality and consequences of same.

D.U.I. is a NO-NO in my books. If you drink you should not drive!

Persons fined and unable to garner up this money to hand over to the government have to face prison terms. Our prisons are already overcrowed. Would be now be contemplating building more prisons?

We see licenced Bars, Recreation Clubs, 'Rum Shops' around every street corner, close to residential commuities and schools and churches. We need to tighten our licencing process and cut down on the numbers of permits we approve. If we don't all this NEW LAW will be for nothing.

One of the bloggers already mentioned some aspect of the Ontario, Canada system, above.

I recommend that you Mr. Imbert look at the Ministry of Transportation, Ontario Government web site and compare their penalties with what you are recommending to have imposed here in T&T.
http://www.mto.gov.on.ca/english/safety/impaired/penalties.shtml

** Also readers can look at:
http://www.lawyers.ca/international/sectiondetail.asp?ID=8&state=Ontario

Gardenia

Gardenia, I agree with your

Gardenia, I agree with your submissions and observations. And what is the penalty for driving while your licence is suspended, whether for DUI or otherwise? In some countries DUI carries both fine amandatory imprisonment, not one or the other. There should be provisions for re-training and insurance companies should re-assess risks of drivers involved in DUI. Presumably the minister will be empowered to make appropriate Regulations as we go along.

Arrangements for female

Arrangements for female drivers

In discussions with some friends, they asked whether there would be female police officers on hand to 'deal with' female drivers, particularly if travelling/driving alone.

La Diva

The smarter the journalists are, the better off society is. For to a degree, people read the press to inform themselves-and the better the teacher, the better the student body. Warren Buffet

BELIEVE IT WHEN I SEE IT

BELIEVE IT WHEN I SEE IT -

This is legislation that UNC was accused of not co-operating they agree and it sit there for years. Everybody was saying civil disobedience. Is PNM guilty of Civil disobedience for not passing and implementing it for all these years? One set of standards for UNC another for PNM. That is being biased. At one time there were one set of standards for Africans and another for the rest we called it slavery. Emancipate yourself from mental slavery.

 
 

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