Ineffective Squirming Manoeuvre

A motorbike rider caused an accident, under the influence, on a roundabout in October 2018 but his trial has just reached its conclusion.

SPN Judges Rebel OnLThe original guilty verdict was given in May this year but he decided to take his case to the appeals court, which has now just rejected it.

The appeal being thrown out is hardly surprising, however.

At the time of the accident, he was given a breathalyser which gave a 0.68ml of alcohol per litre of air exhaled.

Naughty, but the police had more pressing things to do like get him to a hospital because his legs had new articulation possibilities that the Good Lord or Evolution had never intended.

Now, once in hospital, the doctors asked for his consent to a blood test at the behest of the police officers, which the rider agreed to, signing a form.

However, his lawyer based the appeal on that no consent had been given for the blood test, therefore the results which showed alcohol and cocaine consumption, were not valid and could not used as evidence against him.

When confronted by the document he had signed, he said that the signature was not his. The magistrate, however, was not buying it, stating, that the court was unable to believe the existence of a confabulation between the police and the medical staff to claim that the accused consented to a blood test when he hadn’t.

The result is that the original sentence that imposed a 1,680-euro fine and an 18-month driving ban stands.

(News: City & Metropolitan Area, Granada, Andalucia)

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