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“You racists, you don’t like blacks,” police officers repeatedly told the 26-year-old.
Although he refused to verify sobriety, officials did not hesitate: the man was drunk, because he not only smelled of alcohol, he was restless, he leaned toward the car. RS Bahanag agreed to check with a breathalyzer only when he was taken to the police station; an hour had passed since his arrest, at that time the breathalyzer was showing 1.98 avg. alcohol.
A Cameroonian man was indicted for driving a Ford Punto under the influence of alcohol, but the Vilnius City District Court acquitted the man of the charges against him; the court said the driver was detained when he was no longer driving the car and on a breathalyzer. it blew only once, although the law requires a new inspection.
The Vilnius prosecutors, who disagreed with the acquittal, drafted an appeal and handed it over to the Vilnius Regional Court. The panel of judges that heard the appeal found that the results of the alcohol test conducted by RS Bahanag with the alcohol test could not be considered as reliable data, which undoubtedly confirms the level of intoxication of the foreigner.
“In this criminal case, it cannot be unequivocally concluded that RS Bahanag was driving a vehicle with 1.98 per thousand of ethyl alcohol in his breath,” the court said. “At the same time, the appellate court finds that the evidence in the case confirms that RS Bahanag refused to verify the alcohol content of the exhaled air after driving a Fiat Punto and showing signs of intoxication, thus avoiding the intoxication test.”
The panel, chaired by Judge Ugnius Trumpulis, found that sufficient evidence had been gathered in the case that the driver had evaded the intoxication test, which was also subject to criminal liability, and a fine of MGL 70 (€ 3,500) was imposed. ) to RS Bahanag. The court also decided to recover from the amount of money sentenced corresponding to the value of the confiscated car: 1,215 euros.
The court also imposed a criminal sanction on a soccer player who was administratively sanctioned for violating the Rules of the Court of Roads (TFE) by prohibiting the exercise of the right to drive vehicles for two years.
According to the case data, it was established that on May 26 of last year, around 5.40 am, the policemen received a message that came from the clubbing capital of Vokiečių st. the outgoing alien got behind the wheel of the car and drove away, even though he was drunk.
A former visitor to the same nightclub informed officials that RS Bahanaga and his friend had stopped in a taxi and asked to be followed in a Ford Punto. Then he called the police officers.
Officers immediately responded to the report and arrested the driver. Officials said in their official reports and later in court that the driver had been accosted in an official police car, where he was asked to check whether he was intoxicated.
However, the Cameroonian, who continues his football career in Lithuania, refused to be injected with the breathalyzer and demanded that the person who called the police be checked first; the man said he had a conflict with him at a nightclub, so he is trying to hurt him in revenge.
Although officials warned RS Bahanag and his friend that if the driver did not check the breathalyzer, he would face criminal liability, but he still refused to show that he was sober. True, he admitted that he drank four “grams” of whiskey at 40 grams in the club, but assured that he did not feel intoxicated.
After long persuasions, the driver agreed to go to the police station, where he promised to check it with a breathalyzer, but even here he did not immediately agree to blow it. And when the breath tester showed 1.98 avg. alcohol, the man even refused to sign documents, that these are fictitious figures, it can not be.
The police officer recalled that a Cameroonian man had accused her and other officials of racism at the police station, saying that they did not like blacks and therefore persecuted him. Officials also heard those unfounded allegations as soon as they received the report and arrived at RS Bahanago’s car.
The foreigner, who was prosecuted at the time, explained in court that the police officers refused to verify whether he was intoxicated upon arrival because they did not see him driving a car.
The appeals court noted that the offender’s position “suggests that the real reason for refusing to take the intoxication test was that RS Bahanag did not want to have his alcohol intoxication level determined, which generated undesirable adverse legal consequences for a person who: drove the vehicle while intoxicated. “
The court also emphasized that the fact that the driver had agreed to have a police station control his intoxication did not negate the fact that he had avoided taking the intoxication test.
“It must be said that all of RS Bahanago’s actions after being required to undergo an intoxication test for the first time were, in principle, aimed at evading the fulfillment of a legal duty,” the court noted.
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