KUALA LUMPUR: The High Court on Thursday (April 23) sentenced a lawyer to 14 days in jail and a fine of RM12,000 for driving while drunk, and also suspended his driving licence for two years, following a review of a lower court ruling.
Justice Aslam Zainuddin handed down the punishment to Chia Wilson, 38, who was detained during an anti-drink driving operation, ordering that he serve an additional 12 months in prison if he fails to pay the fine.
On April 15, a Magistrate's Court had imposed only a RM3,000 good-behaviour bond on Chia for two years. Finding that penalty insufficient, the High Court significantly increased it.
However, Chia does not have to begin his sentence immediately. His lawyer, Ng Chia How, was instructed by the judge to file a formal application for a stay of execution pending an appeal to the Court of Appeal.
Chia, who had been driving a Mercedes, pleaded guilty to driving with a blood alcohol concentration of 71mg per 100ml of blood, 21mg above the legal limit of 50mg per 100ml. The offence occurred on Jalan Awan Besar, traveling from Bukit Jalil toward Puchong, at 12.40am on Feb 27.
The charge falls under Section 45A(1) of the Road Transport Act 1987, which carries a maximum prison sentence of two years, a fine of between RM10,000 and RM30,000, as well as disqualification from holding or obtaining a driving license for no less than two years from the date of conviction.
Earlier, defence lawyer Ng urged the court to uphold the Magistrate's decision. His client had admitted his mistake, he said, but one error should not cancel out all the good he had done.
"He has a bright future," the lawyer said.
"I urge the court to give him a chance to change and to do what is best for himself by contributing his legal services to the community."
The lawyer also told the court that his client suffers from depression, and that his health condition should be taken into consideration.
"He is not a hardened criminal. No accident occurred, and no one was injured in this case. He regrets his actions and bears the consequences every single day," Ng said, adding that if the court insisted on sending his client to jail, it should impose a sentence of just one day.
However, Kuala Lumpur prosecution director Datuk Mohd Nordin Ismail argued that the sentence imposed by the Magistrates' Court was insufficient and urged for a custodial sentence.
"The respondent is a professional. As a lawyer, he should have known the law. He should have known the risks faced by other road users," he said. - Bernama
