Drunk Driving
- As stated, the defendant was charged in the indictment with two offenses of drunk driving. One, due to driving under the influence of alcohol and the other, due to driving under the influence of drugs.
In this context, it is necessary to refer Section 62(3) to the Traffic Ordinance, which is as follows:
"62. A person who commits one of the following offenses shall be sentenced to imprisonment for two years or a fine as stated in Section 61(a)(3) of the Penal Law, 5737-1977 (hereinafter – the Penal Law), and if the offense is a fine offense that the court has adjudicated, a fine of 1.25 times the fine stated in Section 61(a)(1) of the Penal Law, and if he has an operating permit as defined in Section 16D – a fine as stated in Section 61(a)(4) of the said Law:
(1) ...
(2) ...
(3) He is intoxicated while driving a vehicle, or in charge of the vehicle, on a road or in a public place; For this purpose, "drunk" and "in charge of the vehicle" – as defined in section 64B."
"Intoxicating beverage" is defined in section 64B of the Traffic Ordinance as: "a beverage whose alcohol concentration is higher than the concentration determined by the Minister in consultation with the Minister of Health and with the approval of the Knesset Economic Affairs Committee."
Section 64B also defined : "'Dangerous drug' – as defined in the Dangerous Drugs Ordinance [New Version], 5733-1973, except for a drug prescribed by the Minister of Health and under the conditions he determined."
Also: "Drunk" – one of the following:
(1) A person who drinks an intoxicating beverage while driving or while in charge of the vehicle;
(2) A person who has a dangerous drug or metabolic products of a dangerous drug in his body;
(3) A person who has a concentration of alcohol in his body that is higher than the concentration determined by the Minister, in consultation with the Minister of Health and with the approval of the Knesset Economic Affairs Committee, and it is presumed that this concentration was in his body in the three hours preceding the taking of the breathal, urine or blood samples, as long as the contrary has not been proven."