The High Court yesterday dismissed the appeal of a man involved in a case of driving under the influence against his disqualification from driving due to the absence of 'special reasons' in his case.

The defendent, Tan Ming Ming, yesterday appeared in person to appeal for the Chief Justice to overturn the order of the Magistrate's Court to disqualify him from driving for three years.

He was also sentenced by the court to a fine of BND$2,000, or two months' imprisonment in default after he pleaded guilty to driving under the influence of alcohol.

Investigations have found 198.37 milligrammes of alcohol content in his blood, causing him to be incapable of having proper control of his vehicle.

Tan applied against the disqualification order citing that he needed the driving licence because of his demanding job as general manager of a firm which is trading tyres.

Chief Justice Dato Seri Paduka Haji Kifrawi bin Dato Paduka Haji Kifli saw no special reasons given by the defendant as sufficient to quash the disqualification order.

Special reasons need to be connected to the commission of the offence and not, as in the present case, connected to personal requirements of an offender, the Chief Justice said while rejecting the appeal.

Even if a special reason arises in a case, the court would still be able to exercise its discretion to disqualify a person from driving, as in the present case in which the alcohol content in Tan's blood was found to be very high.

DPP Dayangku Didi Pengiran Latiff appeared as respondent in the appeal.

Source:
@BRUDIRECT.COM

by BruDirect.com

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