A 25-year-old driver with a blood alcohol level of 2.23 g/l in Vila Viçosa tried to cancel the test because the ambient temperature was not indicated on the receipt.
The incident happened in September last year, at dawn, and the woman was taken to the GNR post to be tested. The next morning she was tried in summary proceedings and sentenced to a fine of 470 euros for driving under the influence of alcohol. As an additional punishment, she was banned from driving for five months.
During the trial, he did not question the calculation rate or the method of obtaining it, but, upon learning of the decision, he filed an appeal, arguing that knowing the value of the ambient temperature was “necessary” and that the place is “favorable for variations.”
The Évora Court of Appeal upheld this decision, as the law does not require the ambient temperature to be shown on the receipt issued by the device.
Author: Isabelle Jordan
Source: CM Jornal
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