Burst
Written by: Deng Boliang
2020-08-08 17:33
Last update date: 2020-08-08 17:34Entertainer Yang Ming was involved in a drunk driving crash on the top of the mountain this morning (6th). When the police arrived, Yang Ming was so drunk that he had to be supported by two police officers into the ambulance. Yang Ming was later arrested on suspicion of refusing to provide blood samples. Some practising barristers believe that in reality, there are indeed people who refuse to "blow up" or provide blood or urine samples. This prevents the police from measuring how serious the alcohol level is, and the court cannot sentence sentences on an objective basis. However, the law has "refusal to provide blood samples" to deal with related situations, eliminate legal loopholes, and the penalty is no less than "drunk driving".
Yang Ming was drunk when he was sent to the hospital and needed to be supported by two police officers. (Photo by Chen Yongwu)
Barrister Lu Weixiong explained that if the driver is willing to provide breath, blood or urine samples for investigation, the police can objectively measure the proportion of alcohol in the sample. The court also has an objective basis to impose corresponding penalties based on different results that exceed the limit. However, if the driver does not provide any samples, the court will have no objective basis for sentencing, nor can it know how serious the driver’s alcohol level is.
Lu Weixiong bluntly said that in reality, some people must refuse to "blow boobs" or provide samples. "If there is no reading, there will be no objective standards, but there is no match for you." Because there is another article in the law, "Refuse to provide." The crime of "blood samples" deals with this situation and eliminates legal loopholes. It has been pointed out successively that when the court hears such cases, it will also synthesize the facts and evidence to conclude whether the driver knows that the alcohol level is quite high, so he chooses to refuse to submit samples, so he may also be sentenced to imprisonment.
However, Lu Weixiong emphasized that the court will consider the following three factors before sentencing :
1. Has the driver involved in the case ever failed to provide breath, blood or urine samples? Because someone may be a repeat offender, this will affect the court’s sentence standards;
2. Whether the incident involves a traffic accident, and once a traffic accident is involved, whether No one was injured. The court will also infer on this basis whether the driver refused to provide breath, blood or urine samples in order to avoid civil or criminal liability;
3. Depending on whether there is evidence that the driver was under the influence of alcohol while driving, such as the driver involved The court can infer that the driver drank a lot of alcohol, and the penalty would be relatively heavier when the driver was drunk, was full of alcohol, asked unanswered questions, walked in a straight line, and was unable to get into an ambulance.
Lu said frankly that if the incident involves a traffic accident, it can actually be charged for "careless driving" and "dangerous driving". The court considers the above-mentioned basket of factors. If the case is considered serious, the penalty will be increased, including immediate imprisonment and license suspension. . Therefore, even if the driver involved in the case evaded "drunk driving", he would not be able to evade the crime of "refusal to provide blood samples," and the penalty for the latter is no less than drunk driving.
The penalty is the same as drunk driving and 3 years imprisonment for at least 2 years of suspension
According to section 39C of the Road Traffic Ordinance, Chapter 374 of the laws of Hong Kong, if a person’s breath test shows that the proportion of alcohol in his breath is likely to exceed the prescribed limit, or he fails to provide a sample for the check breath test. With reasonable excuses, upon conviction under the indictment process, the penalty is HK$25,000 and imprisonment for 3 years. The penalty is the same as the level of drunk driving (exceeding 66 micrograms per 100ml of breath alcohol), and no breath, blood or urine samples are provided For analysis without reasonable excuse, the shortest trading suspension period is set as "Level 3", that is, at least 2 years.
Entertainer Yang Ming drove Qi Pingzhi's private car into the crash barrier. (Photo by Chen Yongwu)
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