SA cops put a halt to on-the-spot drink driving driving disqualifications

SA drink drivers will not be automatically disqualified from driving when caught by police, after problems with new laws were exposed this week by the Full Court of the Supreme Court.

Automatic disqualifications for drink-drivers have been put on hold indefinitely while police deal with changes to legislation passed as a result of the Supreme Court ruling.

A directive - that no automatic licence disqualifications should be issued - was sent to all police officers on Monday night after a woman successfully won back her licence on a technicality because the new legislation had not been properly implemented.

Police prosecutors have been told they are not allowed to oppose any Magistrates Court appeal by drink-drivers seeking to have licences returned.

Those drivers, however, still would have to face normal court action.

"Police will continue to enforce drink-drive legislation and matters will be forwarded for prosecution," a police spokeswoman said. "Immediate licence disqualification is on hold, pending clarification of the legislation and a reprint of the necessary forms."

People caught drink driving will still be dealt with by the courts but it may take months before any penalty is handed down to them.

Opposition transport spokesman Martin Hamilton-Smith criticised the Government for not getting the legislation right when it was implemented.

"It's a great shame the Government didn't get its legislation and regulations right in the first place and that the police have been put in this position," he said.

"I think the Government needs to move with a sense of urgency to resolve it as soon as possible.

"(The laws) were passed with our support but they have not been implemented as intended because the Government didn't get the fine print right."

A spokeswoman for Attorney-General Michael Atkinson said she did not believe there would be a problem in policing the revised laws.

She said it should be as simple as printing new forms, which she claimed could be done overnight.