Deadly driver Jenphop agrees to blood test 15 days later

[quandow]

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

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

If you are a wealthy businessman then apparently so.

[masuk]

I'm sure he already knows he will pass..as he's waited long enough and being tested already to make sure..either that or like the 'test' done in the KT issue its rigged..wouldn't it be refreshing if one day a HiSo was pulled immediately after the accident and tested straight away before any money changes hands !! Not in my life time I feel!

I read somwhere that the legal system is structured, and those at the lower end have little or no chance in court.

It's almost as if in ancient times, the law was made by the aristocracy, to keep the peasants in their place.

[bazza40]

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

You're probably right, although it's not difficult to imagine in lesser cases now ( e.g. drunk driving ) lots of pressure behind the scenes when it's a high profile person. Excuse me if I have an abiding mistrust of authority anywhere.

[JHolmesJr]

I did not know you had to give consent to be tested for alcohol and drugs….must remember that next time the BIB shuts down Insomnia for piss tests.

[JGV]

Does Thailand think that no one is watching this facade

The powers that be should be ashamed of this sham

[kblaze]

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.

If you have money - anywhere - you can escape incarceration / fines / criminal record. No difference here, there, anywhere. And you can keep the links.

"And you can keep the links"

Why? Scared to see your points refuted?

[atyclb]

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

http://www.familylawweek.co.uk/site.aspx?i=ed118874 fair use snippet

Breathalyser

Breathalyser tests are often used as a cheap, effective and quick method of testing. Their usefulness is however limited in that the results provide evidence only of alcohol consumption in the hours leading up to the testing appointment. Further, the scientific limitations of such tests are well known, particularly in the criminal courts: the results vary depending on the rate at which the individual metabolises the alcohol, which can in turn be affected by exercise and can be distorted by use of products such as mouthwash. In family proceedings, results can be valuable when they form part of the fuller evidential picture. They can be used to support consistent results obtained by other forms of testing, but their limitations are such that they can rarely be relied upon with any force to undermine contrary evidence.

Urine testing

Urine samples are of more evidential value than breathalyser tests in that they provide results covering a longer period, to a maximum of 72 hours. Urine tests results are also compromised in similar fashion to breathalyser results in that they are also affected by the rate at which the individual metabolises alcohol. Additionally, subjects suffering from candida albicans (thrush) may also show a false positive result as the sugar excreted by the yeast ferments sugar into alcohol. Further, there have been numerous instances of samples being dishonestly provided from a person other than the correct donor. For these reasons, urine tests may be helpful to corroborate other results, but are so open to tampering and arguments of scientific inaccuracy that their reliability as a sole indicator of use or lack of use of alcohol is severely compromised.

Blood testing

Blood testing is more widely used and can detect alcohol between 14 and 28 days after its consumption. The result provides a snapshot of an individual's alcohol consumption at any given time. Laboratories use two indicators when examining blood: the variation of the proteins in the blood produced by the liver (the liver function test or LFT) and the presence or elevation of a marker known as carbohydrate deficit transferrin (CDT). Both of these indicators are present when an individual has consumed moderate to heavy amounts of alcohol and the results are therefore not helpful in those cases where the concern is around the use of alcohol per se (namely, where the individual is required to be abstinent because of long standing problematic use). One of the main limitations of blood testing is that results can be abnormal where the individual has liver damage for reasons other than alcohol consumption (e.g. cirrhosis, hepatitis and so on). Blood testing is most often used to provide another evidential source to confirm the results of hair strand testing where those results are disputed. It is also useful to seek to disprove drinking because the combination of alcohol markers in the LFT test in particular have a high negative predictive value of between 83 and 91%.

[kblaze]

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.

If you have money - anywhere - you can escape incarceration / fines / criminal record. No difference here, there, anywhere. And you can keep the links.

https://en.wikipedia.org/wiki/List_of_American_federal_politicians_convicted_of_crimes

http://www.ranker.com/list/celebrities-convicted-of-felonies/celebrity-lists

[beowolf2012]

So what is wrong in Thailand?

If there had bean a 100% system rules meaning. It´s the politic there make the rules and police have to follow.

Just because you are rich. You can´t be higher against the law. The law in Thailand have to be a priority and have to be the highest rules.

If have accident, him/she there survive can´t be higher to the law. If police what blod examination for alcohol driving it have to be on the place. If the police not have the things for check then a arrest of the man/women to the nearest police station or hospital. To check about alcohol driving.

[NCC1701A]

How do you say "I am a big Hiso in my country" in Thai?

[teambum]

Can they take it all?

[Broeno]

If it would had been my family who got killed, I know what to do.

[Darbar]

What the actual fark?

Clearly his right to 'consent' should be waived as he's just killed two people.

How can this kind of thing be SO EASY to get away from simply by non-consent?

I suspect he was allowed to withhold his consent after greasing some palms.

The legal / justice system (if you can even call it that) is a farce in Thailand.

[Gweiloman]

Some good news

http://www.khaosodenglish.com/detail.php?newsid=1459241688

[cheapcanuck]

No justice for the dead. May they rest in peace.

[Nobb]

No comment but just want to say the Thai police do not do there job in a professional way unless maybe they are given tea money to turn there here and let this drug abuser get tested 15 days later. My God he was in a hospital with him getting checked would be normal blood work. Red bull driver no drunk driving charge and after two weeks to get drugs out of your system some thing is wrong. Is there no fine or jail term for refusing this drug test. If you did the same thing in Thailand every Thai and Farang would be in jail if you did not have a wealthy family. Another act that proves the government in Thailand is not equal to the rich and poor!

[oldsailor35]

Two things that no longer apply to Thailand.........1) Democracy

2) Loss of Face

The whole world are shaking their heads and laughing at Thailand.

[connda]

...and with sufficient tea money handed around the the right people, this is red bull 2.0? This is a joke...right? No, it is not a joke, is it.

Corruption

Corruption

Corruption

Corruption

Corruption

Corruption...ad-infinitum.

[oldsailor35]

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.

I'd suggest you are missing the point. The guy has been driving drunk. He's also driven at an estimated 190 km/hr. He's killed two people. It's a question of degree. I can remember being over the limit several times in my younger days, but I made damn sure I drove home well under the speed limit to compensate for slower reaction times.

If you don't consider the indignation is justified considering ALL the circumstances, I think your moral/ethical compass has lost its bearings.

As time goes on, he is getting closer to the legal speed limit. At the beginning he was said to be doing 250 klm. Amazing how time slows things down.

[oldsailor35]

Do the family of the 'slaughtered' have any say, perhaps a competent lawyer who could demand a hair sample .

[Basil B]

What a joke this is. 15 days later?? Really??

Been in a detox clinic for the last two weeks...

I think it is he who is taking the piss

[Squigy]

Arrest his parents.. Throw them in the slot with the peasants of Thailand.. they will carry out the work that has to be done.

[gemguy]

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.

Back in my home country I refused a breathalyzer test one time because I was told the fine and penalty for not testing was the same..exactly the same...so I opted to not do the breathalyzer thing.

They can not force you...but they can if they want to wrestle you down and take your blood or kick you repeatedly until you blow the breathalyzer.

Cheers

[siamcrut]

<deleted>

[Artisi]

Imbeciles.

Don't be so bloody insulting to the rest of he worlds imbeciles.

[Artisi]

if one of them was my child, wouldn't matter what tests he had or what he said or how much he offered, cause in the not too distance future he would meet with another nasty accident which he wouldn't walk away from , more than one can play the games of Thailand.

[BSJ]

Sad isn't it! 2 bright kids died and this bird gets to fly away without a care in the world.

[stevenl]

" 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.

All your questions have been answered already. More questions than answers only means you're not up to speed.

So you accept all the answers and that's that ? !

Strange conclusion.

I just don't ask questions I know the answer to already.

[Trouble]

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.

Sure there is privilege to some degree everywhere, but not to the degree one sees it in Thailand. Generally speaking, Western countries don't allow the wealthy to get away with killing others. The public doesn't stand for it and the rule of law falls into place to preserve overall justice. Thailand is right up there with the best of the corrupt 3rd world nations. Thailand even in the best of times has always been a place where the connected share power to preserve their status, political and economic power over the general society. The political process evolved over time to allow elected politicians to become part of the power structure but as can be seen, every time it has strayed to far from the way the military wants things, it has been the generals who under the guise of protecting the "higher" institutions have crushed the political class. It is not that they don't deserve some whipping into shape now and then but there should be no mistake that Thailand at the moment is nothing more than a nation run by one man who is head of the military and whose word is the law. What's worse is that all the promises to clean up the "corrupt" institutions have not occurred with only the politically elected government being wiped away. Everything is running basically as it did before with only changes being made to ministry heads, etc., and with the police being just a corrupt as before. The only thing that has changed is that the streets are quite.

TV commentators who rightly portray Thailand for what it is are made to look like unworthy Thai bashers while the "Thailand can do no wrong group" only wants things to be calm in such a way as to further their business or entertainment interests. Thailand is a wonderful place for some to live and work but a hellhole for those that want political liberty and a semblance of democracy and a country where all are treated equally at least by the justice system.

One of my best friends has lived in Thailand now for over 8 years and thinks everything is just wonderful now that the military is in charge. He can go about his daily business of having lunch with his friends and go to his cultural events without a problem. It certainly does not matter to him, that he lives in a country where criticism of the hierarchy is prohibited and where the masses live much more poorly than he. He can"t see through the superficial smiles of the street vendors. Sure the masses get by and try to be happy in their daily lives but beneath it all there is surely a resentment of those with privilege and those that are corrupting the society and most see it daily if they have any involvement with the police or the justice system.

[jesimps]

Astonished.