Article 379.2 of the Penal Code as amended by Law 5 / 2010 of June 22, contains two assumptions. First punishes those who drive a motor vehicle or moped while under the influence of toxic drugs, narcotics, psychotropic substances or alcohol with imprisonment of three to six months or a fine of six to twelve months or to work for the benefit of community of thirty-one to ninety days, and in any case, the deprivation of the right to drive motor vehicles and motorcycles for longer than one to four years. In the latter case it is punishable with penalties for those driving with a blood alcohol level in expired air than 0.60 milligrams per liter or with a blood alcohol level exceeding 1.20 grams per liter.
The first course covers cases in which charges dropped in alcohol screening test does not exceed 0.60 milligrams of alcohol per liter of breath or 1.20 grams of alcohol per liter of blood. Also included in this course, those cases in which there is no screening (for toxic drugs, narcotics, psychotropic drugs, etc). In these cases the police report should include other evidence, that is, the symptoms noted on the driver, so it will be necessary to describe the circumstances of the conduct and outward signs of intoxication in the driver and will need testing made shall be subject to a strict compliance with the Articles 12 and 20-26, Traffic Regulations.
In the second case, the offense has a factual settings (rate higher than 0.60 mg / l) which has to be reflected by the corresponding breath test, so it is necessary to meet all requirements for the use of alcohol detection instruments and drugs, are as a result acquired a decisive importance. These instruments must meet all these requirements of the Metrology Act, 08/07/2005, 21/07/2006 RD and OM ITC/3699 and 3707 of 22/11/2006.
In any case, ie, in both cases, police reports should be collected A record of signs or symptoms outer conductor. Must incorporate also the documentation of breathalyzer used, where is stated the date of commissioning of the breathalyzer, the date of approval of the model and if the breathalyzer has been repaired or modified and the date of repair or modification. This will enable the court to verify that the certificate is attached to the corresponding packed and also will calculate the error applicable to the appliance.
These margins of error that must be taken into account in both cases are set out in Articles 3, 9 and 15 of the OM ITC/3707, depending on whether of breathalyzer new, repaired or modified or longer than one year in service and have passed a periodic check. The errors must be taken into account, therefore, are:
- In breathalyzer
- encountered during their first year of service, which has been repaired or modified, the error is 5%, therefore the measured value must be less than 0.64 mg / l in order to fulfill the crime rate only.
- breathalyzer In carrying more than one year in service or have been repaired or changed the error to be considered will be 7.5%, so the value must be measured less than 0.65 mg / l in order to fulfill the crime rate only.
This means that, if not exceed the rate established in the Penal Code and no other signs or symptoms sufficient, the processing of the complaint will be administrative, ie before the Headquarters Provincial Traffic or before the corresponding City Council, according to the territory in which the offense was committed. If it exceeds the rate established in the Code shall apply below with gear ratios, depending on the type of device in question, and if the result exceeds the maximum rates corrected to be charged for a crime against road safety, there will be a corresponding packed and sent to the Judicial Authority and the Department.
Similarly, if there has been a driving abnormal or if there are signs or symptoms of intoxication, even if no such rate is exceeded, it shall instruct the relevant Attestation for referral to the Judicial Authority and the public prosecutor, to be accompanied by reports, investigation procedures and certificates mentioned above.
Once the breathalyzer measurement errors apply reviewed, as appropriate, and will be processed by the court on the complaint (packed) only when the results of these operations continue throwing an alcohol level above those provided for in Article 379.2 of the Penal Code or when symptoms are sufficient.
0 comments:
Post a Comment