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Deadly driver Jenphop agrees to blood test 15 days later


webfact

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This guy is going to make a mockery of the Thai legal system (as if it isn't already.) Close one more prosecution's loophole, and lo and behold, there are no remaining charges they can use to prosecute him (not without a clever-dick lawyer who would challenge any such assertion).

I just hope, when he gets out, the blood money he has paid will be utilised to send him to Buddha also. That's justice.

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Frankly I wouldn't be surprised if one day in the local papers I read something like this :

'Wealthy businessman kills 5 people in road accident, apparently due to high speed and alcohol abuse. Mr Somchai X.... however did not consent to breath or blood test but his gardener did, so the gardener got tested and was proved clean, following which everyone went back home to business as usual. Everyone, except the 5 dead people, who went to the crematorium.'

What happens, though, if one of the 5 dead people happens to be a wealthy businessman himself ? Now that would be an interesting situation ...

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I can recall a case in Victoria, Australia many years ago when a Baden Arthur Thomas killed two people while driving under the influence. He was the son of a Victorian MP. He got off on a technicality. So yes, it has happened elsewhere.

I get the feeling it will be a long time before the junta restores democracy, because when it happens quite a few people will be coming forward demanding justice.

How do you get to be a senior policeman in Thailand, anyway? This, and the raid on the Pattaya Bridge Club, suggest it's not a meritocracy.

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I can recall a case in Victoria, Australia many years ago when a Baden Arthur Thomas killed two people while driving under the influence. He was the son of a Victorian MP. He got off on a technicality. So yes, it has happened elsewhere.

I get the feeling it will be a long time before the junta restores democracy, because when it happens quite a few people will be coming forward demanding justice.

How do you get to be a senior policeman in Thailand, anyway? This, and the raid on the Pattaya Bridge Club, suggest it's not a meritocracy.

I bet it wouldnt happen in Oz now though

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What's the point? What are they testing for exactly? Disgraceful

I think your question was already answered a few posts above yours...

You need to be very confident in the apathy or low intelligence of the general population to be this obvious with corruption.

This and all the other Hi-So vehicular homicide cases.

It would appear that the RTP is once again testing the apathy or low intelligence of the general population, confident that the majority of Thais won't see anything out of the ordinary.

The accident occurred on 13 March. On a nationally televised interview on 16 March, Col. Pongpat Suksawasdi stated that it was a “suspect’s right” to decline testing, when asked why police didn’t test Jenphop for alcohol or drugs after the crash. Four days later, on 21 March, national police chief Gen. Chakthip Chaijinda stated that the case showed police lack “knowledge about the law,” citing Pongpat’s assertion that the suspect has the right to refuse the test. Now, a week later, we have Maj. Gen. Sutthi Puangpikul, commander of Ayutthaya police, essentially stating that the nation police commander was wrong because, “In the case of blood tests, we have to ask suspects for their consent,” Sutthi said. “This is about the law.”

So either the police themselves don't know what the law actually states, or these contradictions are made intentionally to test the apathy or low intelligence of the general population.

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...

Are drivers allowed to refuse a breath-test until it suits them ?

...

There is no law that specifically allows the refusal of a breath test but there is a law, the Road Traffic Act, that says that a driver who refuses a blood test is automatically considered to have been driving while drunk.

A new amendment to the Traffic Act came into force on 31st December 2014 makes it illegal to refuse a breathalyzer test in Thailand.

Now if a driver refuses to take a breathalyser test or complete a walk-and-turn test if asked to do so, police can assume the driver has violated Section 43 (2) of the Traffic Act which prohibits driving under the influence of alcohol and other drugs, resulting in arrest and charges.

The penalty for refusing to take a breath test is a jail term of up to one year and a fine of up to 20k baht or both.

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Hi folks, can anyone give me a reference to not giving consent to a Breath test and blood test.

Does this include urine test?

I was told you can refuse and the worse is a 1000B fine.

Not sure but I think it only applies if you have oodles of cash. Please correct me if I am wrong

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Does anyone in the police force or government even have an idea how stupid Westerners perceive Thais to be? In light of the government's other law enforcement efforts regarding immigration (good in, bad out), these kinds of decisions only send the message that Thais are morons. Obviously, Thai officials must recognize that the citizenry is comprised of idiots who just do not care about anything but their immediate needs...What's really frustrating is that Thai officials must also think they are smarter than the rest of the world...

Please stop insulting my intelligence by doing these half-hearted and half-witted attempts at justice...

Hmmm...do you think you will have the public reaction when a drunk Korean kills some graduate students? It's going to happen you idiots...are you ready to actually do your job?

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Does anyone really believe that any hospital would treat anyone after the accident without taking a blood sample for typing ?

Of course there is some blood from after the accident, the hospital's are just colluding to protect another hi-so under the guise of patient confidentiality

would they have not used an alcohol swab to clean the area first.

in the uk only a police doctor can take blood at a hospital, this is to ensure the sample is not contaminated, a non alcohol swab is used.

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I think it can take up to 2 weeks for certain drugs to get out of your system.

Precisely. There had to be a reason subsequent investigation revealed the presence of anti-depressants. Plus as time goes on, there wasn't a refusal to provide a sample of blood for analysis. Just a little delay getting in contact with Johnny Cochran and F. Lee Bailey for advice.

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I think it can take up to 2 weeks for certain drugs to get out of your system.

Precisely. There had to be a reason subsequent investigation revealed the presence of anti-depressants. Plus as time goes on, there wasn't a refusal to provide a sample of blood for analysis. Just a little delay getting in contact with Johnny Cochran and F. Lee Bailey for advice.

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Trying to work out the purpose of this blood-test.

Are drivers allowed to refuse a breath-test until it suits them ?

The Thai-English actress did so when she drove into a police-car and killed the sleeping occupant.

And now this.

No, you're not allowed to refuse.

Yes, you are. Everyone has the right to refuse a blood/breath test, the downside is that if you do refuse you will be assumed to be under the influence and charged as such, as in this case.

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Anyone here, who still believes that Thailand is going uphill??? coffee1.gif

IMHO the answer is yes.

Fifty whatever years of the RTP and other gov't agencies treating the poor and lo-so like shxx, god knows how many deaths never properly investigated, billions in bribes and corruption ignored, but now in the last few months there is some progress towards equal justice. A long way to go but some progress. Social media / dashboard clips also helping and I personally hope the usage of these items increases as a means of not allowing the RTP and other agencies to fall back to worse times.

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" Police lacked his consent ", so was that because he was never asked, he refused which legally he can't or did a doctor certify he was not medically fit to be tested ?

As usual more questions than answers and surprise surprise senior officers talking at cross-purposes. The BIB have a foul reputation which they do nothing to improve and even when they do get things right it's hard to believe them and their own presentation doesn't help.

Brewery Alcohol Fueled Party Organisation comes readily to mind but the galling aspect is that so often the supposed incompetence is actually by those acting deliberately.

"... he refused which legally he can't..."

Yes he can, anyone can refuse but there are consequences. How could a person be forced to take a breath test or how could a blood test be administered without permission and without assaulting the person?

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I think it can take up to 2 weeks for certain drugs to get out of your system.

Precisely. There had to be a reason subsequent investigation revealed the presence of anti-depressants. Plus as time goes on, there wasn't a refusal to provide a sample of blood for analysis. Just a little delay getting in contact with Johnny Cochran and F. Lee Bailey for advice.

Drug use is registered in the hair,just check the last 2 mm

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Does anyone really believe that any hospital would treat anyone after the accident without taking a blood sample for typing ?

Of course there is some blood from after the accident, the hospital's are just colluding to protect another hi-so under the guise of patient confidentiality

Hospital's responsibility is to the patient not the police force. The hospital will obviously type blood if it is necessary, (it is not always) but it will not release samples to 3rd parties without the patients express authority.

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You need to be very confident in the apathy or low intelligence of the general population to be this obvious with corruption.

This and all the other Hi-So vehicular homicide cases.

Everyone IS aware of it. Being able to do anything about it is something else entirely.

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And yesterday there were hordes of police in the roads around the little seaside town where I live, extorting "fines" from kids on motorbikes for not having crash helmets.

One law for the rich another for the relative poor.

It's time this government which pledged to stamp out corruption began practicing what it preached - starting with a crackdown on the so-called forces of law and order.

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In all countries there are people of privilege. Any one who thinks there is not is an idiot, or just a dreamer.

TV commentators here seem to enjoy claiming it is more just back home,and we are intellegent than these Thais. All that supports is they are either ignorant or chose to pretend to be blind to the facts back home.

I love to read examples, the mind set of the patriotic expats here, or is it just their arrogance.

Yes, overall, there is a more fair spread of justice in the West. Do you really want to argue against that?

Links at the ready.

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Trying to work out the purpose of this blood-test.

Are drivers allowed to refuse a breath-test until it suits them ?

The Thai-English actress did so when she drove into a police-car and killed the sleeping occupant.

And now this.

No, you're not allowed to refuse.

Yes, you are. Everyone has the right to refuse a blood/breath test, the downside is that if you do refuse you will be assumed to be under the influence and charged as such, as in this case.

And if it gets to court, will the judge side with the prosecution or some clever-dick lawyer who will assert there is no evidence, only an assumption - and, hey look at the blood test evidence - he's clear.

That, I think is the rationale for the 15 days later blood test. Legally, the lawyer is correct. The judge shouldn't be able to sentence a person when no evidence is submitted to prove the person was under the influence. But, this is Thailand. Depends on the monetary stake.

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I wonder how many of the indignant ranters on this thread have ever been over the limit when driving here. Hopefully not one single one of them or they could be accused of being hypocrites. There surely couldn't be hypocrites on Thaivisa, could there?

There are also a lot of members who seen to have more than a passing knowledge of social drugs use and it's effect, and the length of time evidence of that use stays in the body. They;re included in my comment also.

Cue the "well I certainly haven't" posts.

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They should also take a hair sample then. I believe that most substances will remain in the hair for very long periods of time. No way to know when the person was under the influence of those drugs but will show that he was using them at some point.

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