Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Drink driving

  • 29 Aug 2025

    MEENA SUNDRAM A/L KRISHNASAMY

    Citation
    WA-83-2912-03/2022 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    WA-83-2912-03/2022 (Mahkamah Majistret)

    Prosecution failed to prove a prima facie case: the alcohol element was not reliably established because of discrepancies and unproven certification of the EBA device and the chemical evidence did not conclusively establish blood alcohol for the charge as framed; causation was not established because CCTV showed a sudden manoeuvre by another driver (SP12) that caused the collision; accordingly the accused was released and discharged at the close of prosecution.

  • 4 Mar 2022

    KANNAN A/L LETCHUMANAN

    Citation
    AA-83-36-01/2021 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    AA-83-36-01/2021 (Mahkamah Majistret)

    The court held the breath test was lawfully administered under s45B by a police officer whose testimony was factual not expert opinion; the breath test record P4 met admissibility requirements under s45F and was properly explained in court; inconsistencies on arrest reasons were immaterial in light of consistent observations of abnormal demeanour and smell; the defence failed to raise a reasonable doubt and conviction under s45A(1) APJ was upheld; sentence of 14 days imprisonment, RM10,000 fine (default 6 months) and 2 years driving disqualification was imposed, with imprisonment suspended pe…