Legislator Case Law & Legislation
II K 1091/20 AI generated

Court acquits defendant of driving under influence due to insufficient evidence proving intoxication at the time of offense.

Case Number II K 1091/20
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The court acquitted the defendant, Oleksandra L., of charges for driving under the influence of alcohol. The prosecution alleged the defendant drove with a breath alcohol concentration of 0.44 mg/l, but the defense successfully challenged the reliability of the breathalyzer results and the timing of the test relative to the alleged offense. Relying on the principle of presumption of innocence and the lack of corroborating evidence linking the high alcohol level to the specific incident, the court found the defendant not guilty.

Legislator headnote

AI generated

Art. 178a § 1 kk; Art. 632 pkt 2 k.p.k.: The court must acquit the defendant if the prosecution fails to prove beyond reasonable doubt that the accused committed the offense, particularly when the forensic evidence regarding intoxication is contested or unreliable.

Keywords

AI generated
driving under influence breathalyzer reliability presumption of innocence alcohol concentration criminal acquittal procedural defense evidence standard

Cited Legislation

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

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