With rising road accidents: Govt again warns of harsh penalties for drunken driving

In response to the high incidences of drunk driving resulting in road traffic accidents, including fatalities, the Government has seen this as an opportune time to remind the public of the sweeping changes to the country’s driving laws, which, among other measures, provides for much harsher penalties for some offences that could result in up to 10 years’ imprisonment.

Drivers are being reminded of the provisions of the Motor Vehicle and Road Traffic (Amendment) Act 2022, which creates new criminal offences of motor manslaughter and causing grievous bodily harm when driving under the influence of drink or drugs.
A person will be found guilty of motor manslaughter where that person causes the death of another person while driving under the influence of drink or drugs to such an extent as to be incapable of having proper control of the vehicle. The penalty for conviction of this offence is not less than 10 years. Where the person causes grievous bodily harm to another person while driving under the influence of drink or drugs to such an extent as to be incapable of having proper control of the vehicle, the penalty for conviction is not less than five years.
Additionally, a person convicted of motor manslaughter or causing grievous bodily harm while driving under the influence of drink or drugs will be disqualified from holding or obtaining a licence for three years. These three years will start to run from the time the person is released from prison. Moreover, a person convicted for a second time for a similar offence will be permanently disqualified from holding or obtaining a licence.
A person who is convicted of the offence of driving a motor vehicle under the influence of drink or drug will be disqualified from holding or obtaining a licence for 12 months.
Where a person is convicted of two consecutive offences of driving under the influence of drink or drug, he or she will be disqualified from holding or obtaining a licence for 24 months.
And where there is a third conviction, the person will be permanently disqualified from holding or obtaining a licence. A person charged two consecutive times with the offence of driving or being in charge of a vehicle while breath or blood alcohol levels exceed the prescribed limit will be disqualified from holding or obtaining a licence for 24 months.
Also, the Amendment Act gives the court the discretion to temporarily suspend the licence of a person who has been charged for a second time with any of the following offences: motor manslaughter and causing grievous bodily harm while driving under the influence of drink or drugs; driving under the influence of drink or drug or; driving or attempting to drive or being in charge of a vehicle while breath or blood alcohol levels exceed the prescribed limit.
Moreover, where a person is charged for a third time with any of the said offences, the court must order the suspension of their licence pending the determination of the charge.
Where a person’s licence is suspended under this section, he is required to surrender his or her licence to the court, failing which he or she shall be guilty of an offence which attracts a fine of $100,000 or imprisonment for three months.
The penalty for the offence of driving a motor vehicle while under the influence of drink or drug has been increased to not less than $200,000 or imprisonment for 12 months for the first offence. For a second or subsequent conviction, the fine has been increased to not less than $300,000 and imprisonment. The penalty for driving or attempting to drive or being in charge of a vehicle while breath or blood alcohol levels exceed the prescribed limit has been increased to $200,000.
The Attorney General’s Chambers has noted that Police officers must ensure that the breathalyser instrument is in satisfactory condition and properly calibrated before administering breath test.
The Amendment Act places an obligation on the Constable operating a breath-analysing instrument to ensure that it is in satisfactory condition and that it is properly calibrated.
Further, it places an obligation on the Constable to certify that the instrument used was in a satisfactory condition and properly calibrated in accordance with the Act.
The Guyana Police Force (GPF) is continuing with its countrywide campaigns aimed at encouraging drivers to practice safe road use.
During the campaigns, Police ranks would lecture drivers on the road safety theme: “Arrive Alive, Stop Speeding, Don’t Drink & Drive”; obeying traffic officials, signs, and functions of the traffic light; adherence to the speed limits, and maintenance of motor vehicles.
They are also advised against using handheld devices while driving and driving a vehicle under the influence of alcohol. Drivers are also encouraged to ensure that their driver’s licence and other documents are up to date before using a motor vehicle; and to practice the five Cs—care, caution, consideration, common sense, and courtesy when using the roadways.
Police statistics show that driving under the influence of alcohol and excessive speeding are the leading causes of accidents, including fatal ones, in Guyana. (G1)