Partap appeals DUI conviction

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.

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.

In submissions before Justices of Appeal Alice Yorke-Soo Hon and Mark Mohammed yesterday, Partap’s lead counsel ,Ravi Rajcoomar argued that there was a difference between a field sobriety test and a breath test. He noted that in other jurisdictions, a field sobriety test included giving a sample of breath and “walking the line or touching your nose”.

He said the Motor Vehicle and Road Traffic Act specifically stated police 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 which he refused.

Busby in his reply said Partap knew what was required of him when he was stopped by police.

He said it did not matter what words were used by the police, so long as the person understood the request being made of them.

“It is not how it is said, it is what the accused understood,” Busby submitted.

He pointed to the evidence that Partap, while at the Belmont Police Station, told acting Police Commissioner Stephen Williams that officers had stopped him and requested a breath test.

“When the commissioner explained to him it is either he take the test or if he refuse he will be charged, he said ‘I refuse to take the test.’ It was then that the commissioner told Sgt Brandon John to charge him. When he heard the magic words ‘charge him’ then he said ‘I will take the test,’” said Busby.

According to other evidence presented at his trial, police claimed they saw Partap drinking from a bottle of alcohol while leaving the nightclub.

They testified that Partap got into his SUV, turned on the flashing blue lights and attempted to drive away before they stopped him.

Police claimed Partap refused several requests to submit to a breathalyser test as he said he would wait to speak to then Police Commissioner Stephen Williams and his lawyer.

Partap was eventually taken to the Belmont Police Station.

Partap was fired from Cabinet by then Prime Minister Kamla Persad-Bissessar, after he was charged.

The appeal continues next week Wednesday.