The Supreme Court acquitted a man who pushed his car on a Madrid motorway while drunk because he was not driving

The sentence, available to El Periódico de Catalunya of the Prensa Ibérica group, occurred at around 2:15 a.m. on July 25, 2020, at the defendant’s stop at 18.300 m of the A3 motorway. He declares that it has been proven that he was surprised at the kilometer point. service road, He pushes his car, “with half his body stuck in the driver’s seat” and controls the steering wheel “with his hand”.

“When requested by Civil Guard agents they observed symptoms such as the following: odor of alcohol, red nose with a very red and sweaty face, slurred speech, stuttering, inconsistent and repetitive expressions, and odor of alcohol on breath The phrase “strong up close” indicates the decision of the High Criminal Court, which gave a prison sentence. seven months imprisonment, two-year fine of eight euros per day and license revocation for three years and 10 months.

The sampling alcohol analyzer returned a result of 1.00 mg/l in exhaled air, but he subsequently refused to submit to alcohol detection tests using a duly approved alcohol analyzer.

The Supreme Court does not doubt the degree of intoxication of the convicted person, but rather whether he meant driving by pushing the car and, therefore, whether he could be convicted of crimes against traffic safety, as the court understood it. His conclusion is no, and he agrees with the appellant who argues that: He was not driving the vehicle in the moments before he was surprised by the agents; he limited himself to pushing the vehicle because the engine was not running.“.

Driving required

To reach this conclusion, the Court assumes that Article 379.2 of the Criminal Code applies. It penalizes anyone who “operates a motor vehicle or operates a moped under the influence of poisonous drugs, narcotics, psychotropic substances or alcoholic beverages.”“. It then reviews its jurisprudence on this crime and states: “In all cases provided for in the penalties imposed by this Chamber and subject to analysis, except the last one in 2020, the defendant is guilty of driving a vehicle that is in motion and propelled by an engine”.

This sentence was based on the following fact: “Although the defendant managed to get the vehicle out of the parking lot and put on his helmet, he failed to start or move the moped, although this was his intention.”. This situation is similar to the case currently under review because the man was also not driving.

The Supreme Court held that the defendant should be acquitted even if he was drunk, because “the vehicle was turned off” and “the defendant” push him even though he is using the steering wheel to control the direction” but considers it “beyond doubt that under such circumstances and with his altered mental and physical abilities he compromised road safety and was in a position to cause some damage”.

“However Such behavior cannot be attributed to motor vehicle use.From the moment it was closed the defendant remained outside it and limited himself to pushing it. The act used in the offenses for which the appellant was convicted was driving. Pushing is not driving and no comprehensive comments can be made against the convict.. In our case there was no real management of the drive mechanisms. Steering the steering wheel from outside the vehicle“The Supreme Court is making a decision.