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All court cases where evidence was obtained using the Draeger breathalyser have been provisionally withdrawn, the National Prosecuting Authority said on Sunday.
NPA spokesman Mthunzi Mhaga said: "The NPA is going to have all cases where the evidence was obtained using a Draeger provisionally withdrawn or postponed, pending the Western Cape High Court ruling.
"The ruling will set a precedent... we are confident that the NPA has a strong case in favour of the Draeger."
The device measures the volume of alcohol vapour in a person's exhaled breath.
In the Western Cape High Court Clifford Joseph Hendricks is challenging the validity and accuracy of the Draeger apparatus used before his arrest in 2010. His alcohol vapour count was 0.95mg. The maximum allowed is 0.24.
DURBAN MAN CLEARED
A Durban man was recently cleared of driving under the influence of alcohol after his lawyer challenged the law regarding the use of the breathalyser, the Sunday Times reported.
The Durban magistrate found hotel manager Aveer Inderjith, 22, not guilty after the State failed to "produce any evidence regarding the instruments used", according to court documents containing the ruling.
His lawyer Anand Nepaul was quoted as saying: "This was the first time I had dealt with the legality of using that instrument to adduce evidence in court.
"The [transport] minister must sort out the Act and get reliable equipment. You can't charge people where there is no law allowing the use of the equipment. First it has to be legal, secondly, reliable."
Durban police spokesman Colonel Jay Naicker told the newspaper the city stopped using the Draeger system in April, 2011 and was now using blood tests.
NPA spokesman Mthunzi Mhaga said: "The NPA is going to have all cases where the evidence was obtained using a Draeger provisionally withdrawn or postponed, pending the Western Cape High Court ruling.
"The ruling will set a precedent... we are confident that the NPA has a strong case in favour of the Draeger."
The device measures the volume of alcohol vapour in a person's exhaled breath.
In the Western Cape High Court Clifford Joseph Hendricks is challenging the validity and accuracy of the Draeger apparatus used before his arrest in 2010. His alcohol vapour count was 0.95mg. The maximum allowed is 0.24.
DURBAN MAN CLEARED
A Durban man was recently cleared of driving under the influence of alcohol after his lawyer challenged the law regarding the use of the breathalyser, the Sunday Times reported.
The Durban magistrate found hotel manager Aveer Inderjith, 22, not guilty after the State failed to "produce any evidence regarding the instruments used", according to court documents containing the ruling.
His lawyer Anand Nepaul was quoted as saying: "This was the first time I had dealt with the legality of using that instrument to adduce evidence in court.
"The [transport] minister must sort out the Act and get reliable equipment. You can't charge people where there is no law allowing the use of the equipment. First it has to be legal, secondly, reliable."
Durban police spokesman Colonel Jay Naicker told the newspaper the city stopped using the Draeger system in April, 2011 and was now using blood tests.
