Frozen Law Lets Drunk Drivers Avoid Prison

QUINTANA ROO, Mexico — Recent traffic accidents caused by intoxicated drivers have reignited demands to implement the so-called "Brahms Law." This is a reform approved two years ago that stipulates prison sentences of up to four years for individuals who drive under the influence of alcohol, drugs, or other substances and cause traffic accidents in Quintana Roo.

Delays in Brahms Law and Its Publication

Since its approval, the law's publication has remained "frozen." Regarding this, Hugo Alday Nieto, a deputy from the Labor Party (PT), recalled that this initiative, promoted by former legislator Guillermo Brahms González and of which he was a co-author, was endorsed in July 2023 as a modification to Article 186 of the state Penal Code.

However, it remains unpublished in the Official Gazette of Quintana Roo, which has prevented it from coming into force. This omission has gained relevance following recent tragedies.

In Chetumal, during the Independence Day celebrations, two people died as victims of drunk drivers. The most serious case was recorded on September 16 in Cancún, when a driver in an apparent state of intoxication, who was also speeding, caused a crash on Boulevard Colosio, where seven members of a family lost their lives.

Legislators Seek to Activate Brahms Law

"These types of events demonstrate the urgency of applying a legal framework that already exists and that could inhibit these behaviors. We cannot continue to allow loopholes that cost lives," stated Alday Nieto.

The local legislator announced that in the coming days he will present a formal notice to the Official Gazette of Quintana Roo. This is to determine the reasons why the reform remains stalled, despite the fact that the Executive Branch has not exercised its power of veto.

The "Brahms Law" establishes sanctions ranging from financial fines to prison sentences of one to four years, depending on the severity of the accident and the damages to third parties. Alday Nieto emphasized that the Congress of Quintana Roo will assume the commitment to unblock the legislative process so that the norm is published and comes into force as soon as possible.

Opinions and Its Freezing

In July 2023, the then-president of the Cancún, Puerto Morelos & Isla Mujeres Hotel Association, Jesús Almaguer, described this reform as "a breeding ground for corruption," as it could give rise to acts of extortion, and asked legislators to take into account the opinions of different sectors of the population.

Days later, the Secretary of Government, Cristina Torres Gómez, told local media that the publication of the Reform to Article 186 Bis of the Quintana Roo Penal Code was halted "pending an analysis of the pros and cons," as there were legal flaws that do not establish the responsibility of who and how the stipulated sanctions will be applied.