At Wednesday’s sitting of the Riigikogu, the Bill on amendments to the Law Enforcement Act passed the second reading. It will simplify the explaining of the drivers’ rights to them in breath test operations and will thereby ensure smoother traffic.
The aim of the Bill on Amendments to the Law Enforcement Act (267 SE), initiated by the Legal Affairs Committee, is to create a less burdening obligation to explain in the operations “Everyone takes a breath test!” which will hinder the freedom of movement of people less, reduce the burden of law enforcement officials and ensure smoother road traffic.
Under the current Act, when carrying out an operation “Everyone takes a breath test!” in order to establish intoxication by alcohol in drivers, a law enforcement agency must always explain the rights of the driver to the full extent to every driver stopped, even when there is no suspicion of intoxication. The Bill will amend § 38 of the Law Enforcement Act so that the rights of the driver are explained to him or her if he or she so requests.
Member of the Legal Affairs Committee Kristjan Kõljalg said that the aim of this Bill was to minimise the detention of law-abiding citizens in breath test operations. “With this Bill, people will have the right to demand that he rights be read out to them, because, as we know, 98–99 per cent of drivers are law-abiding. So it is actually in their interests that the procedure of taking a breath test would be as swift as possible,” Kõljalg said.
The initiation of the Bill was motivated by the memorandum of the Chancellor of Justice Ülle Madise in which the Chancellor of Justice found that the explaining of the rights to every person separately in breath test operations may cause delays and harm the effectiveness of the law enforcement operation.
Video recordings of the sittings of the Riigikogu can be viewed at https://www.youtube.com/riigikogu
(NB! The recording will be uploaded with a delay.)
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