DRINK-DRIVING CAUSING DEATH SHOULD BE TREATED AS A SERIOUS CRIMINAL OFFENCE - EXPERT

KUALA LUMPUR, March 31 (Bernama) -- Driving under the influence of alcohol resulting in death should be treated as a serious crime, reflecting the severe consequences of such actions, which claim the lives of innocent road users.

Traffic and Road Safety Psychology expert at Universiti Kebangsaan Malaysia (UKM), Prof Dr Rozmi Ismail, said that the offence may also be classified under Section 302 of the Penal Code.

“We can investigate such cases under Section 302 of the Penal Code to ensure that those who commit these acts - driving under the influence of alcohol - are deterred.

“This is because individuals are aware that driving while intoxicated is prohibited, yet they choose to proceed. Such behaviour can be seen as implying intent (to kill). However, it is ultimately up to the court to make that determination, although investigations may be conducted under the Penal Code,” he said when contacted by Bernama.

Rozmi added that existing laws should be tightened and improved, with a focus on ensuring justice for victims and their affected families.

“If we look at the impact on the victims, I feel that this is very unfair. The offender may be imprisoned for 10 years, but the victim who died has left behind children - who will support them?” he said.

He also proposed that welfare-based approaches, such as the concept of diat (compensation) in Islamic law, be considered, to ensure that offenders bear responsibility for supporting the victim’s family.

Under Section 44 of the Road Transport Act 1987, individuals who drive under the influence of alcohol or drugs and cause death may, upon conviction, face imprisonment of not less than 10 years and not more than 15 years, a fine of between RM50,000 and RM100,000 and disqualification from holding a driving licence.

Echoing this view, the Malaysian Islamic Youth Movement (ABIM) president, Ahmad Fahmi Mohd Samsudin, urged for immediate amendments to the Penal Code to ensure that individuals who drive under the influence of alcohol or drugs and cause death are classified as committing a serious criminal offence equivalent to culpable homicide, rather than merely a traffic offence.

“This approach is important to recognise that such acts are no longer ordinary negligence, but a form of gross negligence with fatal consequences for the public,” he said.

Meanwhile, the Malaysian Society for Occupational Safety and Health (MSOSH) president, Datuk Ahmad Fakhrul Anuar Ismail, called for stricter enforcement against drivers under the influence of alcohol and drugs, as well as consideration of in-vehicle detection technology to prevent similar tragedies from recurring.

Ahmad Fakhrul Anuar said that advancements in automotive technology, such as the Driver Alcohol Detection System for Safety (DADSS) and Driver Monitoring System (DMS), could be utilised as preventive measures.

“Technologies like DADSS have already been developed in the United States as a preventive measure against drink driving, and Malaysia can adopt such technological approaches in the future to ensure that vehicles cannot be operated by individuals under the influence of alcohol,” he said.

In addition, he noted that Driver Monitoring System (DMS) technology uses cameras and sensors to monitor driver behaviour, including alertness levels, eye movements, and driving patterns, to detect drivers who may be impaired, drowsy, or potentially under the influence of prohibited substances.

He added that penalties and fines for offences involving driving under the influence of alcohol or drugs should be reviewed to make them more stringent and to create a stronger deterrent effect.

On March 29, a video recording of an accident went viral on social media, showing a car speeding, crossing a double line, and crashing into a motorcycle, causing the rider to be thrown into the air before landing on another vehicle.

As a result of the incident, a motorcyclist in his 30s was killed after being struck by a car driver believed to be under the influence of alcohol and drugs in an accident on Jalan Raya Barat in Klang, Selangor.

-- BERNAMA