In August 2022, while driving along the Castelldefels highway, our client was stopped by officers of the Mossos d’Esquadra and subjected to a breath alcohol test.
According to the police report, our client was allegedly driving at high speed, which led the police vehicle to pursue and intercept him. When breathalyzer tests were administered, the results were 0.81 mg/l on the first test and 0.76 mg/l on the second—both levels that constitute a criminal offense for driving under the influence of alcohol.
The officers further stated that, as they approached the vehicle with lights and sirens activated, they observed our client swerving, and upon stopping him, they noticed a strong smell of alcohol on his breath.
Based on these facts, the Public Prosecutor’s Office requested a penalty of disqualification from driving motor vehicles and mopeds for 2 years and a fine.
SMK Lawyers requested full acquittal, with our client’s defense at trial led by attorney Sergi Mercé Klein. The defense focused on demonstrating that:
- Contrary to the officers’ statements, the defendant was not driving at high speed.
- The slight deviations in the defendant’s driving were caused by the fact that a police vehicle was closely following him with lights and sirens activated. The defendant needed to monitor the police car through the rearview mirror, which may have led to minor swerving, but certainly not the pronounced zigzags described by the officers.
- The positive result of the breath alcohol test was not due to a high alcohol intake by the defendant, but rather to the interaction between a minimal amount of alcohol consumed and the medication the defendant was taking for his back problems. To prove this interaction and its upward effect on the breath alcohol test, SMK Lawyers called as a witness an expert neurologist who was treating our client for his back condition.
Following the trial, Criminal Court No. 1 of Barcelona issued a ruling accepting our arguments and acquitting our client of the charge of driving under the influence of alcohol. The Public Prosecutor did not appeal the ruling, which therefore became final and binding.
This recent judgment by Criminal Court No. 1 of Barcelona represents yet another success for SMK Lawyers in the defense of individuals accused of driving under the influence of alcohol.
