II K 63/18
AI generated
Court acquits defendant of driving under influence of THC based on insufficient evidence of impairment.
Legislator summary
AI generatedThe court acquitted the defendant, M. T., of charges for driving under the influence of delta-9 THC found in his blood. Although the defendant was tested positive for THC at a concentration of 1.9 ng/ml, the prosecution failed to prove that this substance impaired his driving ability. The court ruled that mere presence of the drug without evidence of actual impairment does not constitute a crime under the relevant article.
Legislator headnote
AI generatedArt. 178a § 1 kk; Art. 178a § 2 kk: The presence of a psychoactive substance in the blood alone is insufficient for conviction; the prosecution must prove that the substance impaired the driver's ability to operate the vehicle safely.
Keywords
AI generated
driving under influence
delta-9 THC
blood concentration threshold
impaired driving
insufficient evidence
acquittal
criminal liability
Cited Legislation
AI generatedArt. 178a § 1 kk
Art. 178a § 2 kk
Art. 632 pkt 2 k.p.k.