172 Vehicles Of Drunk
Drivers Parked In
Tránsito Lots
In just only two weeks
of the enactment of the
new Ley de Tránsito, 172
drivers have had their
vehicles confiscated by
traffic officials and
are now sitting in
Tránsito lots in Tibas
and Guanacaste, waiting
the outcome of their
criminal trial.
The new Ley de Tránsito
went into effect on
December 23, 2008, and
traffic officials have
come down hard on drunk
and reckless drivers,
setting up spot checks
at key points around the
country and being more
vigilant of the conduct
of drivers.
Taking part in Tránsito
police operations are
also members of the
Fuerza Publica (police),
assisting Tránsito
officials with the
detention of drunk
drivers and the
transfers to the court
jail cells and criminal
process.
In the Gran Área
Metropolitana (San
Jose), 81 drunk drivers
were detained by
Tránsito officials. In
Guanacaste the number of
detentions is 46.
Tránsito officials say
that the majority, 140
drivers, were detained
between December 23 and
31. For the new year, 32
drivers were detained
from January 1 to 4.
"The number is too high,
the idea is to take
drunk drivers off the
roads. There should not
be even one", said
Germán Marín, director
of the Tránsito police.
The director added that
in many of the cases the
drunk drivers are handed
over to the Juzgado de
Flagrancia, where a
decision on the case is
immediate, while the
rest of the cases are
scheduled for a trial.
Under the new Ley de
Tránsito, officials can
detain a driver with a
blood alcohol content of
0.75 or more. The drunk
driver faces the
suspension of the
drivers license, the
confiscation of the
vehicle being driven and
up to three years in
prison. The same penalty
applies to drivers who
are caught going 150
Km/h or more.
It is up to the court to
apply the sanctions
against offending
drivers and the
disposition of the
vehicle confiscated,
which remain in police
custody waiting the
outcome of the trial.
Constitutional experts
say that the
confiscation of the
vehicle by authorities
is valid as the
country's constitution
allows the confiscation
of private property used
in criminal acts. The
argument is that the
driver was not forced to
drink and then get
behind the wheel of a
vehicle and such
committed a criminal act
under the new law.
One citizen has already
filed a writ of habeas
corpus against the drunk
driving provisions of
the law. The writ was
presented before the
Sala Constitucional
before the end of last
year, however, the court
has yet to decided to
accept the validity of
the writ. |
