Court acquits defendant of driving under influence due to insufficient evidence proving intoxication at the time of offense.
Legislator summary
AI generatedThe 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 generatedArt. 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.