Q: What is the law or consequences as [it] pertains to someone driving under
the influence of alcohol and [the] passenger dies... what happens to the diver possibly? – by Shoma
A: Criminal—According
to the Motor Vehicles and Road TrafficAct 1934, as amended
70. (1) Any person
who, when driving or attempting to drive or when in charge of a motor vehicle
on a road, is under the influence of drink or a drug to such an extent as to be
incapable of having proper control of the vehicle, is liable on first conviction
to a fine of eight thousand dollars and to imprisonment for three years and on
any subsequent conviction to a fine of fifteen thousand dollars and to
imprisonment for five years.
(2) A person
convicted of—
(a) two
consecutive offences under this section shall, unless the Court for special
reasons thinks fit to order otherwise and without prejudice to the power of the
Court to order a longer period of disqualification, be disqualified for a
period of three years from the date of the conviction from holding or obtaining
a driving permit; and
(b) a third
conviction for a like offence, shall be permanently disqualified from holding
or obtaining a driving permit.
Civil: As a driver, a
duty of care is owed to both passengers and pedestrians. As a result, the
driver will be held liable for any injuries or death as a result of his drunken
driving. However, the driver can rely on the defence of Contributory Negligence
to reduce the amount of damages according to the Trinidad & Tobago case: Gunness v Ramdeo (2001)
Also, according to the Limitation of Certain Actions Act 1997, asamended, the injured person or the family of the deceased, must bring a
claim within 4 years...
·
5(2)(a) from
the date of tort
·
5(2)(b) from
the date the injury was noticed
·
5(3)(a) from
the date of death
