Legislator Case Law & Legislation
II K 63/18 AI generated

Court acquits defendant of driving under influence of THC based on insufficient evidence of impairment.

Case Number II K 63/18
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The 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 generated

Art. 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 generated
Art. 178a § 1 kk
Art. 178a § 2 kk
Art. 632 pkt 2 k.p.k.

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