Part 1 discussed intoxication under Maltese criminal law. This article will discuss intoxication under the Traffic Regulation Ordinance.
Chapter 65 of the Laws of Malta provides that when a person is temporarily impaired to drive properly, he shall be declared to be unfit to drive.
Such impairment would in most cases lead to negligent driving which is;
“Fejn wieħed deliberatament jieħu riskji fis-sewqan li m’għandux jieħu minħabba l-probbabiltà ta’ ħsara li tista tirriżulta lil terzi, kif ukoll każijiet fejn wieħed ikun indifferenti għal tali riskji”[1].
Moreover, alcohol and drugs are explicitly referred to and deeming a person under the influence of such as unfit to drive. The legislator is therefore stating, that by virtue of the meaning of intoxication derived from the Criminal Code[2], an intoxicated person according to the prescribed limit in this Ordinance shall be unfit to drive.
The prohibition from driving to intoxicated people extends to all roads and public places whereby a motor vehicle, or any other type of vehicle, is able to be driven.
This Ordinance also bestows powers upon the Police, with the Minister of Justice being able to rectify and/or make necessary changes as may be necessary;
If a Police Officer reasonably suspects that a person has been operating or attempting to operate a vehicle, whether it's still in motion or involved in an accident, and that person appears to be intoxicated due to the presence of alcohol in their body, the officer may require that person to provide a specimen of breath for a breath test.
In respect to the providing of a specimen of blood, the person shall be deemed to provide such specimen if he consents to the taking of blood in the necessary quantity and quality for proper analysis by a medical practitioner. The procedure is less rigid when it comes the specimen of breath or urine as the person shall be deemed to have provided the requested specimen if the necessary quantity and quality are provided for proper analysis.
A person who refuses or fails to provide the fluid specimen requested by the Police Officer, according to the provision of this Ordinance, shall be guilty of an offence and unless the contrary is proven. It is also presumed that the proportion of alcohol in the blood of the person refusing to give sample exceeds the prescribed limit.
In the scenario where the fluid specimen exceeds the prescribed limit or the person refuses to provide the requested specimen of breath, the Police officer may proceed to arrest the person until the person is no longer a danger to himself or other by virtue of intoxication.
This section of the Ordinance, hence, mainly focuses on intoxication when operating a vehicle and the collection of fluid specimen which would help in determining whether a person is intoxicated and his fitness to drive.
For more information or assistance please contact Dr Robert Tufigno and Dr Delilah Vella.
You may be also wish to read our 2 Part series discussing the various elements required to successfully plead lawful self defence under Maltese criminal law here: https://gtg.com.mt/understanding-lawful-self-defence-under-maltese-law/ and https://gtg.com.mt/homocide-criminal-lawyers-malta/
[1] English translation: when one deliberately takes risks whilst driving which he should not be taking due to the probability of damage which could result against third parties, whilst also being indifferent to such risks; Police vs. Alfred Mifsud, Court of Criminal Appeal, 6 May 1997.
[2] Chapter 9, Laws of Malta.