AN IMPOSITION OF PENALTIES FOR RECIDIVISTS: A CASE OF DRUGGED DRIVERS IN ACCORDANCE WITH THE LANDTRAFFIC ACT B.E.2522

Abstract

This study aimed to 1) investigate the concepts, theories, and drug-related recidivism, 2) Compare the legal measures regarding penalties imposed on recidivists involved in drugged driving in Thailand and other countries, 3) analyze the problems hindering the effective imposition of penalties for the recidivists involved in drugged driving, and 4) propose guidelines and solutions to enhance the effectiveness and appropriateness of legal measures in addressing drugged driving recidivism. This study utilized a qualitative research approach to investigate recidivists involved in drugged driving in Thailand and other countries, with a specific focus on the provisions outlined in the Land Traffic Act B.E.2522. The analysis was conducted by thoroughly examining relevant documents related to this topic. The findings of the study indicated that the penalties prescribed for recidivists involved in drugged driving, as outlined in the Land Traffic Act B.E.2522, were deemed insufficient in effectively reducing the occurrence of such cases. Additionally, it was observed that the drugs identified as illicit in such cases were limited to amphetamine and methamphetamine, neglecting other substances that also have an impact on the mind and nervous system. Moreover, the administration of drug driving tests was restricted solely to chief traffic officers, inquiry officers, and traffic officers, resulting in a limited capacity for conducting such tests. Therefore, based on the findings of this study, it is recommended that the penalties for drugged driving cases be strengthened, particularly in situations where harm or death is caused to others, as well as for recidivists. In addition, the penalties should cover all addictive substances which influence the mind the nerve system. The police in any division should also be authorized to perform drug driving tests as well.