Experts urge clear rules for seizing assets of drunk drivers

KUALA LUMPUR: Road safety experts have called for clear guidelines on seizing assets of intoxicated or drug-impaired drivers who fail to compensate their victims. Associate Professor Dr Law Teik Hua, the head of the Universiti Putra Malaysia Road Safety Research Centre, emphasized the need for these procedures to protect third parties and allow offenders to challenge seizures they deemed excessive.

He suggested the establishment of a formal compensation mechanism within criminal proceedings, with courts determining the amount owed based on crash severity, damage, and individual circumstances. Dr Law proposed requiring offenders to disclose their assets, establishing realistic payment schedules, and enforcing compliance. The Transport Minister, Anthony Loke, announced plans to introduce these amendments, which also include additional jail terms for those who cannot pay.

Dr Law stressed that both asset seizure and longer sentences must be used together to effectively deter drunk or drug-impaired driving and ensure victims or their families receive compensation. He noted that asset recovery could provide financial restitution to crash victims and families, while imprisonment would punish offenders who disregard court orders.

However, determining an offender's genuine inability to pay could be difficult, especially when assets are transferred, concealed, or jointly owned. The government might also consider establishing a victim compensation fund to provide interim payments while pursuing asset recovery. Insurance companies should coordinate their payments with the compensation process to prevent duplication and reduce delays.