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Sheriff in ‘hot water’ for drunk driving

May 16, 2022 Jun I. Legaspi 985 views

A CITY Sheriff is in “hot water” after being arrested by traffic enforcers of the Land Transportation Office (LTO) under the influence of liquor while driving, a ranking official of the agency reported in the belated report.

In an interview, lawyer Clarence V. Guinto, Director of LTO-Law Enforcement Service (LES) and concurrent Director LTO-National Capital Region-West said that they apprehended a Metro Manila sheriff who violated the Republic Act (RA) 10586 or Anti-Drunk and Drugged Driving Act 2013.

Dir. Guinto said before the sheriff’s apprehension, he was already involved in a drunk driving road crash Sunday evening along EDSA Southbound Busway in Caloocan City.

Upon the call for the assistance of the Inter-Agency (I-ACT) traffic enforcer to the LTO Operations Center, LTO enforcer Alvin Domingo and I-ACT enforcer Rey Almoete responded to the incident.

Upon reaching the incident site, a Field Sobriety Test was conducted on the sheriff.

Due to his excessive intake of alcohol, he failed the 3-steps Sobriety Test, such as Eye Movement Test, Walk-On-A-Line, and Turn and One Leg Stand.

The sheriff failed to pass Alcohol Breath Analyzer (ABA) Test, and he was turned over to PNP-Highway Patrol Group (HPG) Crame, Quezon City, for filing the appropriate criminal case for violating Republic Act (R.A.) No. 10586, known as the “Anti-Drunk and Drugged Driving Act of 2013”.

On the part of the LTO, an administrative proceeding is presently being conducted to determine whether the subject is still fit to drive and possess a Philippine driver’s license.

According to the LTO leadership, they have also submitted pertinent documents to the proper authority regarding the seriousness of the incident for proper disposition, considering the subject involved is a court employee and member of the judiciary.

LTO said that from January to April 2022, 121 drunk driving incidents were recorded in National Capital Region (NCR) alone, resulting in eight deaths and 67 injured and undetermined damage to property.

These numbers are alarming, especially considering that it may be avoided through proper education and awareness of our driving public.

The LTO believes that “Road Safety” is a shared responsibility, and your assistance in expanding awareness on R.A. No. 10586 and the fatal consequences of drunk and drugged driving would go a long way in forwarding the agency’s advocacy for safer Philippine roads.

Under the R.A No. 10586, there are several penalties for drunk driving and driving under the influence of illegal substances.

SEC. 5. Punishable Act. – It shall be unlawful for any person to drive a motor vehicle while under the influence of alcohol, dangerous drugs and/or other similar substances.

SEC. 7. Mandatory Alcohol and Chemical Testing of Drivers Involved in Motor Vehicular Accidents. – A driver of a motor vehicle involved in a vehicular accident resulting in the loss of human life or physical injuries shall be subjected to chemical tests, including a drug screening test and, if necessary, a drug confirmatory test as mandated under Republic Act No. 9165, to determine the presence and/or concentration of alcohol, dangerous drugs and/or similar substances in the bloodstream or body.

SEC. 12. Penalties. – A driver found to have been driving a motor vehicle while under the influence of alcohol, dangerous drugs and/or other similar substances, as provided for under Section 5 of this Act, shall be penalized as follows:

(a) If the violation of Section 5 did not result in physical injuries or homicide, the penalty of three (3) months imprisonment, and a fine ranging from Twenty thousand pesos (P20,000) to Eighty thousand pesos (P80,000) shall be imposed;

(b) If the violation of Section 5 resulted in physical injuries, the penalty provided in Article 263 of the Revised Penal Code or the penalty provided in the next preceding subparagraph, whichever is higher, and a fine ranging from One hundred thousand pesos (P100,000) to Two hundred thousand pesos (P200,000) shall be imposed;

(c) If the violation of Section 5 resulted in homicide, the penalty provided in Article 249 of the Revised Penal Code and a fine ranging from Three hundred thousand pesos (P300,000) to Five hundred thousand pesos (Php500,000) shall be imposed; and

(d) The nonprofessional driver’s license of any person found to have violated Section 5 of this Act shall also be confiscated and suspended for a period of twelve (12) months for the first conviction and perpetually revoked for the second conviction. The professional driver’s license of any person found to have violated Section 5 of this Act shall also be confiscated and perpetually revoked for the first conviction. The perpetual revocation of a driver’s license shall disqualify the person from being granted any kind of driver’s license thereafter.

The prosecution for any violation of this Act shall be without prejudice to criminal prosecution for violation of the Revised Penal Code, Republic Act No. 9165 and other special laws and existing local ordinances, whenever applicable. By Jun I. Legaspi

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