SINT MAARTEN (GREAT BAY) - Member of Parliament (MP) Francisco A. Lacroes has submitted an amendment to Article 9 of the Road Traffic Ordinance aimed at closing a legal loophole regarding drivers who leave the scene of a traffic accident.
MP Lacroes stated that the submitted amendment is necessary to prevent drivers involved in serious traffic accidents resulting in death or serious bodily injury from making use of the existing 24-hour reporting exception to avoid immediate investigation and accountability.
The current provision allows a driver who leaves the scene of an accident to avoid prosecution for that specific offense if the driver voluntarily reports to law enforcement within 24 hours. While MP Lacroes recognizes that such a provision may serve a reasonable purpose in minor accidents involving only material damage, he believes it creates an unacceptable gap when applied to serious or fatal accidents.
“The law should never unintentionally create an advantage for someone involved in a fatal accident who leaves the scene and only reports later, when critical evidence may already be lost,” stated MP Lacroes.
One of the major concerns addressed by the amendment is the possibility that a driver who may be under the influence of alcohol, drugs, or other substances that impair driving ability could leave the scene of an accident and return only after those substances are more difficult or impossible to detect.
Sint Maarten’s traffic legislation already recognizes the serious risks of driving under the influence and establishes legal limits regarding alcohol consumption while operating a vehicle. However, the effectiveness of these provisions depends on the ability of law enforcement authorities to conduct timely testing after an accident.
Scientific research regarding alcohol elimination shows that alcohol is gradually broken down by the human body over time. On average, blood alcohol concentration decreases by approximately 0.10 to 0.15 promille per hour after alcohol consumption has stopped. This means that several hours after an accident, a driver’s alcohol level may be significantly lower than it was at the moment of the collision. A 24-hour reporting period, without additional safeguards for serious accidents, can therefore make it difficult to establish whether alcohol played a role.
According to MP Lacroes, this undermines the ability of authorities to determine the full circumstances surrounding serious accidents.
“Someone who stops, provides assistance, and fully cooperates with a police investigation acts fundamentally differently from someone who leaves and returns hours later. Our legislation must recognize that difference,” Lacroes stated.
The submitted amendment maintains the existing protection for less serious accidents while removing the 24-hour exception in cases where an accident results in death or serious bodily injury. Drivers involved in such serious accidents would be legally required to immediately stop, provide reasonable assistance to victims, notify authorities, and remain at or near the scene until law enforcement permits them to leave.
The amendment also recognizes that there may be exceptional circumstances where a person is unable to remain at the scene, such as when the driver is seriously injured, physically incapable of providing assistance, requires urgent medical care, or remaining at the location would create an immediate danger. The purpose of the amendment is to address situations where a person is able to remain and cooperate but chooses to leave, thereby delaying investigation and potentially affecting critical evidence.
The amendment further proposes that failing to comply with these obligations after a fatal or serious injury accident becomes subject to a separate and stronger penalty, regardless of whether the driver later voluntarily reports to authorities.
MP Lacroes emphasized that the amendment is about more than enforcement; it is about protecting victims, supporting investigations, and ensuring public confidence in the justice system.
“When a family loses a loved one because of a traffic accident, they deserve confidence that every effort will be made to establish the truth and that justice can be served. Our laws must protect victims and their families, not create opportunities for individuals to avoid accountability,” stated Lacroes.
MP Lacroes noted that improving road safety requires not only stronger enforcement, but also ensuring that existing laws are updated to address present-day realities. The amendment seeks to protect the integrity of police investigations, promote responsibility among drivers, and ensure that the law properly reflects the seriousness of accidents where lives are lost or permanently affected.
