Drunk driver
(Constitutional court)
To be a lawyer is not an easy thing. Many times I thought that I could choose a more exciting profession but something always happens when I’m thinking about it. Today, the eventuality is a bombshell: “A drunk driver was acquitted from a crime against traffic security”, although the driver had 2,34 ml/l alcohol in blood, when the maximum is 0,5.
In this case, The constitutional Court has decided it is not enough to prove that one person has more alcohol in blood than what is allowed, but it is necessary to prove in what way the alcohol affects his senses.
The Constitutional Court also says that it is necessary to take all biological proves, and respect all legal procedures: meanwhile, the policeman must value the effect of the alcohol in the suspect using the regular exercises in terms to determine if the alcohol is reducing his senses and his capacity to drive.
In this case, The constitutional Court has decided it is not enough to prove that one person has more alcohol in blood than what is allowed, but it is necessary to prove in what way the alcohol affects his senses.
The Constitutional Court also says that it is necessary to take all biological proves, and respect all legal procedures: meanwhile, the policeman must value the effect of the alcohol in the suspect using the regular exercises in terms to determine if the alcohol is reducing his senses and his capacity to drive.
We could say that this new “criteria” could be an obstacle to police or traffic forces, but I can’t hide my happiness because this criteria remembers perfectly well the principle of innocence, absolutely forgotten in traffic cases. The alcohol doesn´t affects people in same way.
In another scenarios, we see all the time how, in the practice, the policeman’s word especially in traffic, is like an unquestionable truth, forgetting that the policeman as all human beings, lie. This new criteria will allow a more fair procedure against traffic crimes, and for us, for the lawyers, it will give us tools to defend citizens/drivers, usually without rights
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