29 Aug 2019

A 43-year-old man of Kanye breathed a sigh of relief on August 27 after magistrate Daniel Nkau discharged and acquitted him of two offences.

 On the first count, David Mpharitlhe was accused of driving a motor vehicle when the alcohol content in his breath was above the prescribed limit contrary to the Road Traffic Act.

Particulars of the offence indicate that the accused drove a vehicle registered B 971 AFU at or near Mmathethe junction in Kanye on February 9, 2014 when the alcohol content in his breath measured over the prescribed limit of 0.22mg/1000ml.

On the second count, he reportedly failed to provide a breath specimen thereby contravening the Road Traffic Act.

It was reported that he refused to provide the breath sample without reasonable excuse while driving a vehicle registered B 683 AUW at or near Green Pastures Shop along the Kanye main road on August 27, 2016. He had pleaded not guilty to both counts.

The prosecutor, Inspector Gera Morris pleaded with the court to withdraw the matters with prejudice to the state.

 He said he had studied the cases and realised that they could not continue because the machine print-out on the first count was not clear.

For the second count, he said the accused was tested twice and on the first instance he refused to provide the sample while on the second time the sample was insufficient to conduct the test. Ends