URSM MP Sjamira Roseburg.
~ Standard alcohol testing device could be beneficial ~
PHILIPSBURG--Unified Resilient St. Maarten Movement (URSM) Member of Parliament (MP) Sjamira Roseburg said that while there is a common misconception in St. Maarten that a driving under the influence (DUI) conviction cannot occur without a breathalyser or blood test, this is incorrect. Roseburg explained that DUI convictions can and do happen based on police observations alone.
However, Roseburg, who is also an attorney, believes that implementing a standard alcohol-testing device such as a breathalyser could be beneficial, as such a device can enhance objectivity and consistency in evidence collection and reduce debates about what constitutes sufficient proof, and would strengthen legal certainty and public confidence in the justice system.
“The notion that a conviction cannot follow without an alcohol test is incorrect,” she said in a statement on Wednesday. “Police observations such as red eyes, alcohol odour, unsteady walking and slurred speech can, when combined with statements and other evidence, be enough to secure a conviction."
According to Roseburg, the Traffic Ordinance in St. Maarten prohibits driving under the influence of alcohol or intoxicating substances, with specific penalties outlined for offenders. Article 6 of the ordinance states that it is illegal for a driver to operate a vehicle while under the influence of alcohol or other intoxicating substances that impair their ability to drive safely. These legal provisions apply to all drivers on public roads, and enforcement is a key part of keeping the community safe.
She said the St. Maarten police currently rely on several indicators to determine whether a driver is intoxicated, including the presence of bloodshot eyes, a strong smell of alcohol, unsteady walking and slurred speech. These signs are often enough to support a DUI conviction in court, as long as they are well-documented and convincingly presented by law enforcement.
As an attorney familiar with local cases, Roseburg said she has handled numerous DUI cases where convictions were secured without the use of a breathalyser or blood test. “In practice, convictions based on these observations are common, and courts have repeatedly upheld such rulings,” she explained.
Roseburg, who is also the chair of Parliament’s Justice Committee, believes that implementing a standard alcohol testing device such as a breathalyser could be beneficial. “Implementing an alcohol testing device would enhance objectivity and consistency in evidence collection and reduce debates about what constitutes sufficient proof. This would strengthen legal certainty and public confidence in the justice system,” she said.
As an MP, Roseburg has advised the minister of justice to consider adapting legislation in the future to incorporate the use of such devices to improve the DUI enforcement process. “This remains an interesting and important topic that warrants further discussion to enhance public safety and ensure fair legal processes,” she said.
https://www.thedailyherald.sx/islands/dui-convictions-possible-without-blood-tests-breathalyser-says-mp-roseburg
