Court declares drunk-driving breathalyzer tests illegal

Judge Shlomo Nachshon of the Traffic Court in Petah Tikva threw out a drunken driving case after declaring that the breathalyzer device used by police to test alcohol levels was never officially approved for use.

In addition, he ruled that the list of intoxicating beverages, after whose consumption it is illegal to drive, was never formulated according to the law.

These two legal loopholes were published in TheMarker two and a half months ago, but Transportation Minister Shaul Mofaz has yet to correct them - and now the court has recognized the problem and acquitted in such cases.

The law requires the transportation minister, with the agreement of the health minister, to officially publish such orders - which he has yet to do.

Judge Nachshon said that while fighting drunken driving is very important, it must be done according to the law. He ordered his decision to be sent to the ministers involved.