LTO 7 Pushes Law Vs. Drunk Drivers

Cebu drivers beware you might be jailed for drunken driving once the Land Transportation Office and its deputized agents will caught you.

LTO-7 operations chief Joel Maloloy-on announced that pretty soon Republic Act 10586 (Anti Drunk and Drugged Driving Act of 2013) will be implemented in Cebu once they are done in selecting law enforcement officers (LEO) that will be fielded in the streets along with them.

The LEO would come from select policemen and personnel from the local government units which would undergo deputation briefing and seminars.

Based on the Implementing Rules and Regulations (IRR) of R.A.10586, it will be fully implemented in June this year.

FLAG DOWN

On how to implement it, Maloloy-on said flagging down of vehicle will be done based on a probable cause that the driver is drunk or has committed a traffic law infraction.

Establishing probable cause starts from committing reckless driving, swerving, or even driving without a helmet, in the case of a motorcycle.

“If an enforcement officer and our team sees a probable cause. Then the vehicle will be flag down like when the vehicle is swerving, reckless driving or any act which we saw as indication of being drunk,” Maloloy-on told the audience of the weekly Cebu News Forum last Saturday at the Rajah Park Hotel.

In the case of apprehension for another traffic offense like over speeding or lane straddling, probable cause could be established through evident smell of alcohol in the driver’s breath, slurred speech in answer to questioning, poor coordination, including other visible signs of a drunk person which the apprehending officer will noticed.

The LTO official along with LTO-7 Assistant Regional Director Alita Puga was a guest panelist of the weekly news forum hosted by Cebu City councilor Gerry Carillo.

SOBRIETY TEST AND BREATH ANALYZER

Once flagged down, the driver would then be required to undergo sobriety test which will be composed of the eye test where the driver would be instructed to follow the motion of a pen or the tip of a penlight placed above his face; walk and turn for nine steps in a street line and turn at the end to the point of origin without any difficulty and the one-leg stand with both arms on the side where the raised foot should be lifted for 30 seconds at least 6 inches from the ground.

If the driver will fail in any of the three, the same would be required to undergo a test using an equipment called Alcohol Breath Analyzer (ABA) placed on the mouth to determine intoxication level.

In case the driver passes the test, he/she shall only be charged with traffic violation and not a violation of RA 10586, Maloloy-on added.

In instances where the law enforcer suspects within reasonable grounds, the driver to be under the influence of drugs or other substances, he/she will be brought to the nearest police station for a drug screening test in accordance with existing laws.

BLOOD ALCOHOL CONCENTRATION LEVEL

The IRR of the law states that drivers of private vehicles below 4,500 kg. are allowed a concentration level below 0.05% but public utility vehicles, bus, taxis, trucks, including motorcycles are absolutely not allowed to have any alcohol intake, at 0.00% limit strictly. If the driver passes the allowable limit however, the driver will be apprehended for the traffic violation only.

FILING OF CHARGES/ PENALTIES

Once found positive to be intoxicated, the driver will be brought to nearest police station and will be book for the violation. The vehicle will be impounded and the drivers license of the erring driver will be confiscated.

Criminal charges will be filed in court and once found guilty the penalty is severe if death (homicide) has resulted carrying an imprisonment of 20 years based on Article 249 of the Revised Penal Code.

The convicted driver will be be also fined between Php 300, 000.00- Php 500, 000.00. If physical injuries occur, the imprisonment would be based on the provisions of Article 263 of the Revised Penal Code and a fine ranging from Php 100, 000.00- Php 200, 000.00 will be imposed. If the conviction did not result to physical injuries or death, only a fine of Php 20,000.00- Php 80, 000.00 and an imprisonment of at least 3 months.

Holders of non-professional drivers license will be confiscated and suspended for 12 months on first offense but a next offense will result to the perpetual revocation of the drivers license. For professional driver’s license holders, however, revocation will be done even only after committing a first offense.

MANDATORY ALCOHOL AND DRUG TEST

The IRR also provides for mandatory alcohol and drug testing of drivers involved in motor vehicle accidents resulting in physical injuries or death. It also allows the LTO to randomly conduct testing of public utility drivers at transport terminals nationwide.

In Central Visayas, 10 ABA has been provided by the LTO central office to the region, Maloloy-on said.