‘Legal Hurdles’ With Roadside Checkpoints

[Updated] Roadside sobriety checkpoints will implemented by police after the Cup Match weekend as certain legal requirements have not yet been completed, however the police “will be putting a special emphasis” on preventing drinking and driving this weekend.

This follows after Government initially that “roadside sobriety checkpoints will be setup at strategic locations throughout the weekend. Over the next few days, in accordance with the Road Traffic [Road Sobriety Checkpoints] 2018, the location of these checkpoints will be made available to the public. The public is asked to be prepared for these stops.”

The new legislation, which recently passed in Parliament, “makes provision for the Senior Magistrate to authorize the police to conduct road sobriety checkpoints to stop all vehicles travelling through an authorized, predetermined location to check whether the driver is impaired.”

Speaking at yesterday’s press conference, Minister of National Security Wayne Caines said, “The roadside sobriety, there are some legal hurdles that we did not jump in time for Cup Match. We believe that we will have all of the requisite legal requirements completed within the next two weeks.

“As you know, the legislation recently passed Parliament; it then had to go through the Senate; then the instruments, we have the breathalyzer devices, and so we are literally going through the administrative pieces to allow this matter to be handled in the public.

“As much as we want to have the roadside sobriety testing initiated this weekend – and we all did – we also operate under a constitution and under a legal framework, and so what we did not want to do is jeopardize any civil rights, or, indeed, be found afoul of the law, so we made a decision not to commence with the actual roadside sobriety official testing, but as – and Assistant Commissioner Weeks will go through that specifically to highlight what we will be doing and the legal mechanism that we will be using to initiate this.”

Video extract of the press conference:

Assistant Commissioner Martin Weekes said, “Today is the day that it comes into commencement; unfortunately the way the legislation is written, we have to gazette all the positions where we will be doing them for five days, and so that puts it outside of the Cup Match weekend.

“That said, we will be sending a letter this week to the Senior Magistrate seeking authorization to commence the actual checks, the roadside checkpoints, over the next couple of weeks, so you can expect to hear that from us in the near future.

“This weekend, however, as I said in my remarks, we will be putting a special emphasis on drinking and driving generally.

“While we might not be doing the road checks as you might think they would look, where we would have it done the same way we do in other jurisdictions, we will be stopping cars, we will be running other types of stops, and if the evidence is there that allows us to believe that you have reasonable probable cause that you’ve got excess alcohol, you will be arrested.

“So we will be actively looking to arrest people for driving whilst impaired and with excess alcohol in the blood.”

Update 3.43pm: Shadow Minister of National Security Michael Dunkley said, “The OBA understands this is a bitter pill to swallow in that the PLP Government could not make their self imposed deadline of Cup Match for the implementation of roadside sobriety check points and it means that a ‘promise made has not been a promise kept.”

“With the Act only being gazetted this week it was clear the commitment by the PLP would not be met. However we understand the varied challenges with this type of legislation and it is best to ensure that this, and any legislation, is enacted correctly or issues will arise to the detriment of the intended law and people we serve.”

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