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Driver arrested for refusing breath test


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Driver arrested for refusing breath test
Montien Intaket,
Kanathit Srihirundej
The Nation

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BANGKOK: -- A FEMALE driver yesterday became the first motorist to be punished for refusing a breathalyser test, said the police, who added that they were forced to tow away her car with her still inside.

The Bangkok South Municipal Court found Chutima Kanthang, 28, guilty of drunk driving, but handed down a suspended three-month sentence with one year of probation.

She was also ordered to pay a Bt8,500 fine and perform community service at least twice.

Her driver's licence was suspended for six months.

Chutima told the court that she had some drinks with friends on Wednesday night before she ran into a police checkpoint.

According to police, Chutima parked her car on Naradhiwas Rajanagarindra Road near the police checkpoint at 2.30am on Thursday morning but she refused to get out of her car or take the test.

She agreed to lower her window a bit to talk to police and gave them her motorcycle driver's licence. She smelled of alcohol, the police said.

After many hours, police towed Chutima's car to a police station with her still inside.

"The new Land Traffic Act states that any person refusing to submit to a blood alcohol test shall be assumed as being under the influence and punished by a jail term, or fine, or both," said First Lt Rattakorn Oatjessada, a deputy inspector at the Bangpongpang Police Station.

Chutima claimed she was shocked when police flagged her down and she decided not to leave her car. She admitted to not carrying a driver's licence with her at that time.

She said she would respect the court's ruling.

Source: http://www.nationmultimedia.com/national/Driver-arrested-for-refusing-breath-test-30253965.html

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-- The Nation 2015-02-13

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"Her driver's licence was suspended for six months."

Was this her motorcycle license?

Drunk driving without a license (and refusing to exit the vehicle) and all she gets is a slap on the wrist?

On a positive note, at least they got her off the road (for that night).

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She should have her car confiscated for it to be auctioned off to pay for the towing, police & court costs... Let alone the amount of police time wasted at the roadside because she thinks she's some kind of HiSo!

How many drugs slipped through the checkpoint while they were trying to deal with her?

What does community service "twice" actually mean?

Edited by Porkster
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What is the legal alcohol limit in LOS? 0.5% in Aust. I do hear of a crackdown, which is great and getting the drunks off the road may cut their road carnage. Do BIB do sobriety test, walk a line, stand on one foot etc, or take a true breath test?

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Pathetically small punishment such as this is the reason for the problem in the first place.

Exactly the problem. Over the years how many comments on this forum about the unbelievable verdicts and punishments the so called judicial system comes out

with.

At least she's disqualified for 6 months and not the 7 days suggested for some offences. Mind you i'm not for a minute suggesting she will actually obey the ban and if within the next six months she stopped for any reason will the BIB know she's banned, will they bother to check providing they actually can ?

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What is the legal alcohol limit in LOS? 0.5% in Aust. I do hear of a crackdown, which is great and getting the drunks off the road may cut their road carnage. Do BIB do sobriety test, walk a line, stand on one foot etc, or take a true breath test?

Thailand is also 0.5mg, but if you've had your licence for less than 5 years it is only 0.2mg. Yes, you blow into the bag - a measured test.

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Obviously Daddy wasn't important enough to get this fixed for her within ten minutes. They kept her there for two hours waiting for some important family member to drop a few grand into the Police Station but nobody turned up. Of course; once they realised she was a 'nobody', the law had to be applied.

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"Her driver's licence was suspended for six months."

Was this her motorcycle license?

Drunk driving without a license (and refusing to exit the vehicle) and all she gets is a slap on the wrist?

On a positive note, at least they got her off the road (for that night).

She actually didn't notice she had been towed until after she finished her telephone call.

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She was found guilty of drunk driving.

So what was the EVIDENCE that was the basis for her guilty judgement?

No mention of any observed erratic or dangerous driving.

She responsibly stopped at the checkpoint.

She refused the breath test.

They towed her car with her inside so no physical impairment test was conducted.

No mention of a followup blood test.

The only apparent evidence was the smell of alcohol on her breath.

So was she then convicted because of her smell? Maybe just a poor choice of perfume and too much of it? Or maybe a spilled alcoholic drink?

This case was hardly a good example of justice.

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She was found guilty of drunk driving.

So what was the EVIDENCE that was the basis for her guilty judgement?

No mention of any observed erratic or dangerous driving.

She responsibly stopped at the checkpoint.

She refused the breath test.

They towed her car with her inside so no physical impairment test was conducted.

No mention of a followup blood test.

The only apparent evidence was the smell of alcohol on her breath.

So was she then convicted because of her smell? Maybe just a poor choice of perfume and too much of it? Or maybe a spilled alcoholic drink?

This case was hardly a good example of justice.

Same will happen in the US, but the punishment will be worse.

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She was found guilty of drunk driving.

So what was the EVIDENCE that was the basis for her guilty judgement?

No mention of any observed erratic or dangerous driving.

She responsibly stopped at the checkpoint.

She refused the breath test.

They towed her car with her inside so no physical impairment test was conducted.

No mention of a followup blood test.

The only apparent evidence was the smell of alcohol on her breath.

So was she then convicted because of her smell? Maybe just a poor choice of perfume and too much of it? Or maybe a spilled alcoholic drink?

This case was hardly a good example of justice.

New law. Refuse breath test = guilty of driving under the influence.

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WOW!!

First of all the BIB don't even have the balls to remove her from the car so they tow it with her inside? In most countries that itself is legal and a major insurance issue.

They should have smashed the window and dragged her ass out. Shows how spineless and inept they really are.

Second, all though I applaud their efforts here, it is hard to believe that in 2015 it it the first time they have charged anyone with refusing a breathalyzer. Why did they give her a suspended sentence? Thailand is #2 in the world for road deaths because drunken idiots like this. They know there is no accountability.

This would have been a great time to set an example for others but they drop the ball by suspending her sentence and charging her 8,000 THB? So she loses her license for 6 months I am sure she will just drive without it anyway.

TIT

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She was found guilty of drunk driving.

So what was the EVIDENCE that was the basis for her guilty judgement?

No mention of any observed erratic or dangerous driving.

She responsibly stopped at the checkpoint.

She refused the breath test.

They towed her car with her inside so no physical impairment test was conducted.

No mention of a followup blood test.

The only apparent evidence was the smell of alcohol on her breath.

So was she then convicted because of her smell? Maybe just a poor choice of perfume and too much of it? Or maybe a spilled alcoholic drink?

This case was hardly a good example of justice.

Was she elected to drive so laws shouldn't apply? How do they treat those drivers who refuse a police breath test in your universe?

Edited by halloween
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