A driver who refused to take a breathalyzer test because she has asthma goes on trial

In the Criminal Court 3 of Vigo, a hearing was held yesterday against a driver accused of refusing to submit to a breathalyzer test and of allegedly attacking one of the Local Police officers who participated in the intervention.

Oliver Thansan
Oliver Thansan
15 April 2024 Monday 17:58
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A driver who refused to take a breathalyzer test because she has asthma goes on trial

In the Criminal Court 3 of Vigo, a hearing was held yesterday against a driver accused of refusing to submit to a breathalyzer test and of allegedly attacking one of the Local Police officers who participated in the intervention.

The defendant faced considerable penalties, including 8 months in prison and the revocation of her driving license for three years. However, during her statement, the driver claimed that she had always suffered from asthma, which would have prevented her from blowing normally into the breathalyzer. In her own words: "I didn't tell them that I suffer from asthma, but I did tell them that I wasn't capable. While I was nervous, I blew as much as I could."

The woman reported that she asked the agents to be taken to the hospital to undergo a blood test, but that her request was rejected. According to her testimony, she was given up to four attempts to blow into the breathalyzer, but due to her health condition, she was unable to do so satisfactorily.

In addition, the driver defended her driving style, explaining that she was driving slowly because she was in an area under construction and unknown to her. She claimed that she was on her way to pick up her daughter and that she had not consumed alcohol at all. In her words: "I was going to look for my daughter; I had not taken anything, I was going slowly because the area was under construction and I stopped to turn on the navigator."

Regarding the accusation of assaulting the municipal agent, the woman flatly denied having hit the officer. She claimed that she just asked for help and became nervous due to a panic attack. In her statement, she expressed: "I did not hit the agent, I do not understand where the injuries come from. It is true that I asked for help and that I got nervous but because I went into a panic attack, nothing more."

The case continues to be investigated by the court, which must carefully analyze the testimonies and evidence presented to make a decision.