Criteria for Dangerous Driving Offenses Proposed in Japan

Tokyo, Sept. 29 (Jiji Press)–Japan’s Justice Ministry on Monday presented a draft proposal to set numerical criteria for dangerous driving offenses, such as specific figures for speeding and drunk driving. The proposal is aimed at clarifying the charge of dangerous driving resulting in death or injury, after ambiguous standards in the existing law have led to a series of differing judicial decisions. It was submitted to a subcommittee meeting of the Legislative Council, which advises the justice minister. The existing law defines the requirement for speeding violations as “an act of driving at such high speed that it is exceedingly difficult for the person to control the motor vehicle.” The ministry proposed new standards based on the speed limit of the road, such as driving on expressways with a speed limit of more than 60 kilometers per hour, either at more than 50 kilometers per hour or at more than 60 kilometers per hour. For ordinary roads with a speed limit of less than 60 kilometers per hour, the proposed criteria are driving at a speed of more than 40 kilometers per hour or more than 50 kilometers per hour. Meanwhile, the current law defines drunk driving as “an act of driving a motor vehicle under the influence of alcohol or drugs making it difficult for the person to drive safely.” The proposed criteria for blood alcohol levels are 0.25 milligrams or more, or 0.5 milligrams or more, per liter of breath tested. The proposal also allows a dangerous driving charge even for figures below the criteria, when normal driving or avoiding danger is hard. The council will also examine the idea of classifying drift driving as a possible act constituting a dangerous driving offense. The charge of dangerous driving resulting in death or injury was introduced in 2001. Families of victims of fatal traffic accidents, however, have argued that the criteria for applying the charge are unclear and that punishing offenders under the law is difficult. The ministry will make preparations to revise the law based on discussions at the council. END [Copyright The Jiji Press, Ltd.]