LETTER | Mandatory jail for all drunk driving will increase pressure on criminal justice system

LETTER | The police have understandably stepped-up enforcement for drunk driving offences which undoubtedly will be effective in curbing the relevant offences as long as it can be consistently sustained.

However, it will take a heavy toll on manpower and logistics of the police affecting other priorities. It is also the prerogative of any enforcement agency to suggest the maximum enhancement of punishment, thus the call for mandatory jail by Inspector-General of Police Abdul Hamid Bador comes as no surprise.

Nevertheless, our legislators must be cautious, judicially prudent and far-sighted in considering such heavy penalties due to the effects it will have on the socio-economic structure of a multicultural and pluralistic society such as ours. This is notwithstanding the effect it will have on the rate of disposal of such cases on the criminal justice system. Mandatory jail sentences for all drunk driving offences regardless of the level of intoxication or the extent of injuries and damage caused could become a problem especially if judicial discretion is not made available.

More offenders will be expected to claim trial and proceedings will become cumbersome and lengthy affairs. This will put further pressure on the backlog of cases that is already a serious problem now. Technicalities on expert evidence and the calibration of equipment will be the new tedious challenge for all the limbs of the criminal justice system.

The recent death of a policeman at a roadblock coupled with a few other shocking accidents are undoubtedly and completely unacceptable. There is an urgent need for the law to be amended to deal with these specific serious traffic offenders. In fact, we need laws that are commensurate with the level of intoxication and damage to life and property.

A quick comparison can be done to how our drug laws work on offences linked to the amount of drugs used or in possession of an individual. Bail and punishment are applied in tandem, and we can take a leaf from those laws in the impending amendment to the laws on drunk driving.

Our legislators, however, must be mindful not to enact laws in general that focus only on drunk driving as the main reason for serious accidents. There are statistics to show that non-alcohol related accidents and mishaps are much more common.

For enforcement to be more effective, laws must encompass all aspects of offences and offenders across the spectrum. Offenders must be made to feel that they cannot get away even from minor offences. Merely targeting drunk driving offences will not be sufficient in reducing the frequency of such accidents as many have become emboldened by committing minor traffic offences.

Road users must be made to feel the omnipresence of the relevant enforcement agencies, and the public can help by providing video footage of any offence. This will help to overcome the logistical burden for the police in carrying out their duties and responsibilities. The police cannot be expected to be everywhere all the time when implementing effective traffic enforcement as they have other duties, responsibilities and roles.

Knee jerk reactions such as banning liquor consumption or licences et cetera are definitely not the answers. Extreme punishments without judicial discretion can never be the answer to any offence.

Education and social maturity coupled with personal responsibility are more effective for society as a whole.

We need our legislators to come up with effective amendments that reflect the need to address serious drink driving accidents without increasing too much pressure on the already burdened criminal justice system whilst balancing the rights of responsible social drinkers in a progressive contemporary society such as ours.