A local judge in Paphos has acquitted a driver who was being accused of driving under the influence (DUI), ruling that police failed to show valid proof of his breath alcohol test.
According to local media, a 53-year-old man was facing charges of traffic violations in connection with drunk driving, when police in Peyia flagged down his car for inspection back in June 2015.
Prosecutors said the defendant’s Breathalyzer test registered 104mg during the DUI stop, which was over five times the legal limit of alcohol breath permitted by law.
The judge said a form filled out by hand and presented by a witness for the prosecution was not valid proof, adding that the law calls for an automated receipt
But the man’s lawyer argued that police did not present actual proof that could be accepted in a court of law.
The judge sided with the defence, saying that a form filled out by hand and presented by a witness for the prosecution was not valid proof, adding that the law calls for an automated receipt.
According to local reports, the police officer who took the stand as a witness for the prosecution had written down the numbers on a piece of paper, while the defence lawyer insisted only an official and digitized receipt printed by the Breathalyzer device could be reliable and acceptable evidence.
The judge sided with the defence, noting that no explanation was provided as to why the receipt was not presented in court. The court ruled that the only logical conclusion would be to dismiss the case as the court was shown no reliable evidence to find the defendant guilty.