Drink Driving Law: A Wrong Turning in the Road Traffic Act?

Posted: 13 Oct 2004

See all articles by Wing Cheong Chan

Wing Cheong Chan

Singapore Management University - School of Law

Abstract

In two sentencing appeals heard by the learned Chief Justice Yong Pung How, a rule was pronounced obiter concerning the presumption of a driver's ability to control a motor vehicle under the Road Traffic Act. . . . In this article, it will be argued that the Chief Justice's interpretation of section 70 [of the Act] does not necessarily follow from principles of statutory construction or from the use of presumptions generally, and must be wrong when considered with the protections enshrined in our Constitution.

Keywords: Criminal procedure, presumptions of law, road traffic offences, drink driving, driving under the influence of intoxicants, Singapore

JEL Classification: K14

Suggested Citation

Chan, Wing Cheong, Drink Driving Law: A Wrong Turning in the Road Traffic Act?. Singapore Academy of Law Journal, Vol. 6, p. 82, 1994, Available at SSRN: https://ssrn.com/abstract=600382

Wing Cheong Chan (Contact Author)

Singapore Management University - School of Law ( email )

55 Armenian Street
Singapore, 179943
Singapore

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