The Council of Grand Justices on Friday ruled that it is unconstitutional to force drivers to take a blood alcohol test after an accident, and said that traffic laws must be revised accordingly.
The council was referring to one of the provisions in Article 35 of the Road Traffic Management and Penalty Act (道路交通管理處罰條例), which stipulates that drivers who cannot or will not take a breath alcohol test after an accident may be taken to a medical institution or inspection agency for a blood alcohol test.
The case was first brought before a judge in the Hualien District Court, after a man
Taipei, Feb. 25 (CNA) Taiwan's Constitutional Court ruled Friday that it is unconstitutional to force drivers to take blood test for alcohol concentration after a road accident, and it said the relevant traffic laws must be revised accordingly.
With the Constitutional Court Procedure Act (憲法訴訟法) having taken effect on Jan. 4, Taiwan has made significant progress in judicial review. During Taiwan’s democratization process, the legal community has taken the initiative to strengthen the nation’s democracy and rule of law. A new generation of lawyers marked the change, and in turn, society progressed.
Thanks to some Judicial Yuan interpretations No. 748 (examining the Civil Code excluding same-sex marriage) and No. 791 (regarding the illegality and voluntary dismissal in litigation of adultery), to name a few Taiwan has become a more progressive and civilized society.
However, some controversial laws remain
The Executive Yuan yesterday approved a draft amendment that would stiffen penalties for offenders convicted of negligent homicide, amid controversy that Lee Yi-hsiang (李義祥), who was indicted after the Taroko Express derailment killed 49, might only face a five-year term.
Proposed by the Ministry of Justice, the amendment to the Criminal Code would impose increased sentences, as there is the perception that the existing statute is out of date and too lenient on offenders found to be responsible for incidents resulting in a high number of fatalities.
The punishments laid out in the law must be proportionate to the crimes committed, Premier