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Home » Position of the week » Statement of the week: Military court for drink drivers is absurd
Statement of the week: Military court for drink drivers is absurd
Everyone agrees: Drunk drivers must be tackled and it is good that the Thai government is doing something about it.
But to have civilians who violate the law appear before a military court goes a long way. Such a thing even goes against universal human rights.
For those who don't know yet, here's the passage in Pattaya One:
“Fines of up to 20,000 Baht and prison terms of up to 30 days can be imposed on drink-drivers and this year the Army has been told to participate in checkpoints in Pattaya and offenders will have to answer allegations of drink-driving in Military and not Civilian Courts.”
Source: http://pattayaone.net/pattaya-news/220146/pattaya-police-focus-on-drink-drivers-over-festive-period/
'This is Thailand', but I don't think this is the right approach. What do readers think of this?
Video: Pattaya Police focus on drink drivers over Festive period
Watch the video here:
[youtube]https://youtu.be/hrxMUPPdmHo[/youtube]
I think it is important how you look at the control situation. Apparently in Thailand it is also possible or necessary to deploy soldiers to check alcohol drivers. Who does what and how. The Royal Military Police in the Netherlands does carry out these types of checks in its assistance task with the police and independently on the group of soldiers. The soldiers are then tried by the military court and civilians by the civilian court. It is not clear to me why civilians in Thailand are also tried by the military court. The legislation for military personnel often differs from the legislation for civilians. Often heavier penalties are imposed and this would not be the correct approach if this were to happen.
Despite all the nice words , and it does not bother us so much , we must not forget that we still live here under a military junta , even though they now wear civilian clothes ....
So they can do as they please, all civil laws are now subject to military discretion.
By the way, those liquor checks are urgently needed here, and a Thai cell might turn you into a teetotaler if the prison conditions are right...
I'm sorry, I just think it's a nag!
Just don't drink if you're going to participate in traffic and you don't have to worry about a possible military court.
We can make a problem out of everything, stop it!
Just don't drink if you're going to participate in traffic ... try to make that wise and / or clear to the Thai.
Totally agree with you Gringo. Alcohol and driving don't mix, not in Thailand and nowhere in the world. Debates over whether or not to appear before a military court or a civilian court…. what does it matter. The fact that you get caught behind the wheel drinking is bad enough in itself. And referring to behavior of the “Thai” is out of place, has nothing to do with this.
If martial law has been declared in a country, it is customary for civilians to appear before military courts.
If martial law has been lifted, you will have to come up with something else, in this case the well-known and infamous article forty-four.
The presumed creator himself said that you don't have to worry about this. If you don't do anything wrong, you have nothing to fear.
Given the annual hundreds of deaths and thousands of injuries during the end of the year and the TOO great indulgence (5555555) of the local and other police. It can only be encouraged that the army takes this action into its own hands.
This measure only applies in Pattaya. Elsewhere in Thailand, the army simply confiscates the car, which is released after the New Year period.
Nothing absurd about drinking, drinking too much, drinking and driving, it doesn't belong together, whatever court, tackling those people who consciously endanger the lives of others and consciously risk a conviction by a military court to take. drunk? … take it off the road.
Nico B
It seems to me that the fines now fall into the hands of the military and not the police.
In the end, it's always about where the money ends up.
What it is “REALLY” about, Gerard, is that you shouldn't be drinking and then driving.
I find a bigger problem that I have encountered is that the wind instruments are not entirely reliable. Once happened, I had nothing at all and the instrument indicated that I had too much. Then you go to the police station. You are completely powerless. Making it clear that I hadn't drunk anything made no impression at all. Fortunately I saw a former neighbor, who happened to be on duty in soi 9. 5 minutes later he came back with a higher one and was allowed to blow again, then it became clear that I hadn't had a drink and was released. Still wonder if he hadn't been on duty how it would have turned out. I also read that they can take away your driver's license and car. I think it goes way too far.
I would like to see a slightly different approach, so that it also becomes effective. Now it is a kind of negative lottery ticket. A very low chance of being caught with an extremely high penalty.
A certain tolerance of a few drinks seems desirable to me. Most people are still fully responsible after three beers. However, much more control would be needed to change behavior. It now mainly focuses on making money quickly by the government. For a Thai, this is an unavoidable fate, so that he just keeps on drinking. Outside the well-known tourist resorts, there is also much less control if I may believe the Thais I speak there. Incidentally, it would be even better if the sometimes strange behavior in traffic of people who have not been drinking was also tackled a bit more.
No, absolutely not against human rights. That Thai is allowed to make thousands of road deaths every year: that is against all logic. The police are hand in hand with everything, so let the army do it. And not only during this week of “seven dangerous days”, also during the rest of the year.
Totally agree Willem they should check every week think it's a good thing
Not every week, but 7 days a week. Fines cannot be strict enough. When we go out for dinner, I always drink a few bottles of beer. When we arrive the first thing I do is give the car keys to my Thai wife. And if I didn't give it because she already
looking for a good table, the first thing she asks, the car keys, when we sit at the table.
I think the checks are very good and so are the fines. But there must also be justice. So if someone has drunk too much alcohol according to the breath test, they should take a blood test and that can really prove that someone has drunk too much. It is rightly stated that the breathalyzers are not always accurate and good. That is why in many countries a blood test is taken after a positive breath test. That is fair and just. But the most important thing is to drink a glass of water.
And if it is price, yes then it is your own stupidity and you shouldn't complain any further. But an ordinary court must be possible for civilians and the military court for the military. but I have nothing to say about that, because I am only a guest in this country.
The driver knows perfectly well that drinking and driving is WRONG. The excuse: oh well, 1 beer won't hurt. Mistakes, excuses. To act tough. Sorry don't drive with alcohol, very simple!!!!
Not possible in Canada, USA, Germany, Switzerland, Australia and all those other countries in the world.
Respondents who do not care in which court citizens have to appear in this case use the argument that the police are not carrying out their duties competently. In my opinion, the investigation of criminal offenses by the police, with or without the help of the military, and the trial thereof are 2 different things, also known as separation of powers. In a civilized society we have the Trias Politica, the legislature, executive power and judiciary. In Thailand there is now no separation and all these 3 powers are in the hands of the military junta. Of course, the suffering that a road user can cause under the influence of alcohol is terrible, but this also applies to other violent crimes or drug-related crimes and should not lead to a civilian having to appear before a military court. 'Gringo' calls it a whining statement (you can make a problem out of anything), I don't agree with him. Being accountable before an independent judge is essential for the rule of law. 'Eduard's experience with the blowpipe not working properly also makes you shiver for a moment. A Thai relative of mine had to hand in his urine sample during a traffic stop for drug use this year. He has had to do this before (I was there once) but now, to save money, several people unknown to him had to urinate in one pot! And when it turned out that someone had indeed used drugs, they were all arrested. Fortunately for him, someone at the police station was reasonable and he was allowed to urinate again, this time alone, which showed that he was not using drugs. Of course it has nothing to do with the statement. All in all, I believe that a civilian, regardless of the seriousness of the offense, does not belong in a military court. And apart from that, if the police were not doing their job properly, more investment should be made in them.
Since the Thai police force has many corrupt employees, it is a good idea for the Thai government to involve the army. A lot of Thais mess around in traffic, so that the police collect money that does not end up in the intended place.
Traditionally, police officers in Thailand earned a pittance and the fragmented government assumed that they would scrape together their income in a "creative" way. Now it's called corruption, but that's not just the police. This took place on a much larger scale among politicians and other civil servants, including army officers (not to mention the good guys). And those who think that Prayuth could just put an end to this are very naive. On this blog I keep reading that there are visa agencies that apparently charge certain expenses on their own when extending a visa. Corruption is also widespread in society in the Netherlands, for example construction fraud and I regularly read that bribes have been involved in a tender for police or army units. Prince Bernhard also had a lot to do with it at the time. Now we Dutch are champions of pointing the finger at others, but I think that many of the frequent or permanent residents in Thailand have also had to deal with 'corruption'. Not excluding me, for example, was stopped in Bangkok because I had made an incorrect U-turn by car; had the choice to privately shift 200 Bath or to join a police station and pay a much higher fine after a long wait. Which would you choose? But yes, that is not what the statement of the week is about and my opinion is that it is indeed important to keep things separate for civilians and military personnel. Today it is the offenders with (too much) alcohol who have to appear before a military court and tomorrow it may be the turn of prostitution visitors, because that is also officially not allowed in Thailand. Incidentally, it is not about the detection by the military, I have been checked numerous times during my trips through Thailand at a roadblock manned by the military, but about the prosecution in the event of a violation or the commission of a criminal offense before a court.
A 'nag' or nonsense that does not apply to us (we are civilized and do not drink/drive)..??
Apparently the morale of the 'farang' is declining in proportion to the way the army takes over power and ignores any separation from it.
Give up that short-sightedness and see the situation as it arises!
After all: today the Thai, tomorrow you…
Let them check their equipment first. I have already been checked twice and had not drunk a drop of alcohol. The first test showed a red light on his device, so I was positive?
Had to point out to the agent that battery was written next to that light and then his Bath fell.
The 2 check first was I drunk? with the first device and then asked for a 2nd device
and took me to the office. 3 hours later there was a 2nd device and I blow negative.
In the end I had to pay 1000 baht because according to them I had become sober in the meantime.
the first price was 5000 baht so you had to make a strong offer and with a receipt.
In Belgium I call my lawyer to solve such matters, in Thailand you are on your own.
I think it's good to have the check carried out by the army because the police are far too corrupt.
The military court should actually be arranged differently, perhaps a kind of police court.