The Chamber of Appeals and Guarantees from Mar del Plata acquitted a driver who had refused to take a breathalyzer test because his vehicle was parked, which, according to the judges, exempted the defendant from subjecting himself to this control.
This decision of Chamber I, composed of judges Leandro Favaro and Gastón de Marco, partially annulled the previous decision of Judge Inés Hayde Olmedo, which had declared the partial lifting of the sanction and ordered the transfer of the file to the administrative headquarters.
In the order issued this week, the judges rule partially upheld the penalty for illegal parking and imposed a fine of $254,496.16. According to local media 0223The driver’s defense argued that his client remained in the vehicle, albeit with the engine off and the car stationary, which, in his opinion, made the accusation of refusing the alcohol test inadmissible.
The judges analyzed the case and came to the conclusion that it was not about the nullity of the procedure, but about the evaluation of the evidence.
“What I am observing here is not a question of nullity, as the original judge understood it, but rather a question of appreciation of evidence. If the first judge considered that the indictment did not have sufficient strength to convict the defendant, she should have acquitted him, as the applicant pointed out, but should not have declared the partial nullity of the finding of violations and ordered the resubmission of the case in order to give the administration a second opportunity to improve the accusation, as he did did.” finally done,” they stated in the verdict.
The cause arose on the night of June 1st, when staff were out transit made two minutes: One for refusing to take the breathalyzer test and one for illegal parking..
The Administrative Offenses Court had imposed fines for both violations, but the Appeals and Guarantees Court overturned the sanction associated with the alcohol test because it did not provide sufficient evidence to support the charge.
A group of Students from Oliva’s Sacred Heart Institute saw his delay Graduate trip to Bariloche after four drivers commissioned by the transport company positive on alcohol tests.
The uncertainty grew after the first inspection by employees Municipality of Oliva The first two drivers arrived on Wednesday morning 54 and 48 yearsthey didn’t pass the test.
The arrival of two replacements did not resolve the situation: both also gave positive results, which caused concern among the fathers and mothers present. “The two drivers they sent to us also tested positive,” said Orieta Pérez, mother of one of the students, in a dialogue with local media. The twelve television.
In order to exclude possible errors in the equipment, the Bad judge requested the intervention of the Highway Policewho carried out additional controls and used various instruments. As part of the review, the headmaster – father of one of the students and known for not consuming alcohol – took the test and received: zero as a result. “Obviously the equipment is working,” said Pérez, dispelling doubts about technical failures.
After waiting several hours, the replacement drivers were tested again and this time the result was positive Negative.
The parents present said that the first result was “just over 0”. The students were finally able to begin the journey after a preventive operation to ensure the safety of the young people.
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