KUALA LUMPUR: Those convicted of causing fatal accidents while driving under the influence of alcohol should be banned from driving for life, two lawyers said.
Criminal lawyer Datuk N. Sivananthan said a lifetime driving ban would be an added deterrent although the law already provides for jail terms and fines for offenders.
“At the moment, any person (motorist) who causes death whilst being intoxicated shall on conviction be imprisoned for not less than three years and up to a maximum of 10 years, and to a fine of not less than RM8,000 and not more than RM20,000
“The penalties, in my view, are adequate save that perhaps a lifetime disqualification should be considered for people convicted of this offence,” he said.
Sivananthan said there was no excuse for anyone to be driving under the influence of alcohol as ride-hailing services are available.
Even those convicted of driving intoxicated in non-fatal accident cases should have their driving licence suspended for at least five years and be given mandatory imprisonment of at least six months, he said today.
Under the existing law, individuals who drive under the influence of alcohol could be charged under Section 45A (1) of the Road Transport Act 1987, which provides for a fine of between RM1,000 and RM6,000, or imprisonment not exceeding 12 months.
Meanwhile, lawyer Nor Zabetha Muhammad Nor said the government should amend the laws to provide for heavier penalties as a deterrent and to give justice to family members of the victims.
“A number of cases are reported yearly for this drunk driving, but it seems the current punishment does not serve as a deterrent. I personally believe the punishment is not harsh,” she said.
The accused knew that driving under the influence of alcohol might cause serious injury or death to third parties and yet chose to ignore the implications, she added.
“This is an act of total selfishness,” she stressed.
She added that disqualification from holding a driving licence could be a deterrent against drink driving.
Last Sunday, Corporal Safwan Muhammad Ismail, 31, was killed on the spot after he was hit by a Toyota Hilux, driven by a man believed drunk, at a roadblock at the Kajang South Toll Plaza on the Kajang-Seremban Expressway (Lekas). – Bernama
