Chapter 65 of the Laws of Malta : does it deter or promote drinking and driving? : a call for a legal reform

Abstract

Every year road crashes cause approximately the death of 1.2 million people together with millions of others who suffer an injury or a disability. These deaths and injuries not only strain public health services but also economies. Without any doubt the impairment by alcohol is a major factor with regards to both the risk of crash and also the severity of the crash. Despite the fact that road traffic injuries in general will always occur, it does not mean that they may not be reduced and this can be done by tackling alcoholimpaired driving. In order to achieve this it is essential to have legislation which grants the executive and judiciary the proper tools to do so. This term paper assesses the relevant legal provisions and clarifies their significance by evaluating them individually and making reference to case law. Consequently, three distinct measures which are not encompassed within the Maltese law but are employed in other jurisdictions and which have been suggested to be adopted by the European Commission are reviewed. The aim is to clearly illustrate the significance of the current Maltese provisions, assess three successful and recommended legislative measures which should be adopted in Malta and incite further interest within this field thus the choice of such a provocative title.