How did the absence of intoxication test shift focus to voluntary alcohol impairment?

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Absence of Intoxication Test Shifts Focus to Voluntary Alcohol Impairment in Dangerous Driving Case

The absence of a formal intoxication test for Then Shing Chong, 58, following his dangerous driving incident at Suntec City's Fountain of Wealth, led the court to focus on voluntary alcohol impairment as the primary explanation for his actions. Despite his legal team's attempt to link the offence to his diagnosed major depressive disorder, District Judge Koo Zhi Xuan determined that the available facts pointed more strongly towards the effects of alcohol consumption. The judge noted that Then's exact level of alcohol impairment could not be determined as the necessary evidence was no longer available due to his subsequent hospitalisation.
Legal Ramifications of Unavailable Intoxication Evidence

When an individual involved in a traffic offence is hospitalised and thus unable to undergo an immediate intoxication test, the legal proceedings must rely on other available evidence to establish impairment. In Then's case, the court considered his admission of consuming approximately one litre of beer over nearly six hours prior to the incident. While this consumption alone does not automatically quantify impairment, it served as a significant factor in the absence of a definitive breathalyser or blood alcohol test. The defence's attempt to introduce a mandatory treatment order, suggesting a connection between his major depressive disorder and the offence, was ultimately unsuccessful.
Judicial Discretion on Psychiatric Conditions and Intoxication

District Judge Koo Zhi Xuan's decision highlighted the legal considerations when psychiatric conditions are presented as a defence in cases involving intoxication. The judge indicated that psychiatric conditions might be taken into account if evidence clearly demonstrated they were a substantial contributing factor that went beyond voluntary intoxication. However, in Then's situation, the judge found the available facts, including his alcohol consumption, provided a more direct explanation for his dangerous driving. Then was diagnosed with major depressive disorder only after the incident, and had also mentioned taking an antihistamine or sleeping pill before drinking, further complicating the defence's argument for a direct causal link between his mental health and the offence.
Sentencing and Restitution for Dangerous Driving

Then Shing Chong was ultimately sentenced to five weeks' imprisonment and disqualified from driving for 30 months for his dangerous driving. The court heard that his actions involved failing to follow traffic signs and crossing three lanes of a roundabout, leading his Porsche to crash through a barricade and plunge into the basement area of the fountain. Although three construction workers in the basement avoided injury, the collision caused approximately S$64,580 in damages. Then subsequently made full restitution of S$74,000, covering the repair costs and any other associated expenses.

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How did the absence of intoxication test shift focus to voluntary alcohol impairment?

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