Judgement in Partap’s breathalyser appeal reserved

Justices of Appeal Alice Yorke-Soo Hon and Mark Mohammed yesterday reserved their ruling to a date to be fixed following submissions by the Assistant Director of Public Prosecutions and Partap’s lawyer.

Partap in 2013 was found guilty of refusing to subject himself to a breathalyser test and was fined $5,000 by Chief Magistrate Marcia Ayers-Caesar.

He has appealed both the conviction and fine.

Partap’s attorneys are contending that there was no statutory authority for field sobriety testing and refusal to take the test could not be illegal.

He eventually took the test at the Belmont Police Station after acting Police Commissioner Stephen Williams directed the police to charge him.

Partap’s lawyer Ravi Rajcoomar argued that the Motor Vehicle and Road Traffic Act specifically stated police officers were required to request a “breath test” and not a field sobriety test if they suspected someone of driving while under the influence of alcohol.

He said Partap, who was driving a black SUV after leaving the nightclub, was stopped by police and asked to submit himself to a field sobriety test.