Legislator Case Law & Legislation
II K 235/18 AI generated

Court acquits drunk driver for lack of evidence proving intoxication before entering ditch.

Case Number II K 235/18
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The court acquitted the defendant of driving while intoxicated after finding the prosecution failed to prove he was drunk before entering the ditch. Although the expert witness suggested a two-stage alcohol consumption, the court noted the witness could not determine the exact amount consumed prior to the incident. Consequently, the evidence did not exclude the defendant's version that he drank entirely after the accident, leading to a not-guilty verdict.

Legislator headnote

AI generated

Art. 178a § 1 k.k.; Art. 632 pkt 2 k.p.k.: The court must acquit if the evidence does not exclude the defendant's version of events regarding the timing of alcohol consumption relative to the act of driving.

Keywords

AI generated
driving while intoxicated alcohol consumption timing expert witness opinion burden of proof acquittal due to doubt

Cited Legislation

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

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