Justice Faizah Jamaluddin said a ruling handed down by the High Court in Ipoh last year, which deemed breath tests and biological samples mandatory under Section 45C of the RTA, was incorrect.

“The decision warrants appellate intervention,” said Faizah, delivering the unanimous judgment of a three-member bench, which included Justices Ahmad Zaidi Ibrahim and Azmi Ariffin.

Bank officer L Kannan, had been convicted by a magistrate for drink-driving in Ipoh on Dec 31, 2020, after a breathalyser was used to determine that he had exceeded the RTA’s permissible alcohol limit.

He was sentenced to 14 days in jail and fined RM10,000.

On appeal, the High Court acquitted Kannan, ruling that Section 45B(1) of the RTA was merely an initial screening procedure, and that if a breath test was positive, investigators would be required to collect two further specimens for testing.

The High Court deemed the lower court’s conviction unsafe, giving rise to the present appeal.

In her decision today, Faizah, said the High Court had incorrectly interpreted the law.

“We are not certain what the High Court meant by ‘preliminary’ when the test is positive,” the judge said, noting that the term “positive” does not appear in Sections 44 and 45 of the RTA.

She said judicial interpretation must align with legislative intent.

The appellate court reduced Kannan’s jail term to one day but increased his fine to RM15,000. He is barred from driving for two years effective today.

Deputy public prosecutor Fairuz Johari represented the prosecution, while Shiv Dev Singh appeared for Kannan.