The ruling of the Constitutional Court that annulled the conviction of a driver for having been illegally taken to the police station for a breathalyzer test contains a clear warning for the Police: citizens do not give their “free and unconditional” consent if they have to act “under significant pressure.” ” by an agent. A resolution that, as elDiario.es has learned, has already been used by several lawyers in different similar lawsuits seeking the acquittal of drivers who, they believe, were illegally taken to the police station to undergo a breathalyzer test.
As revealed by elDiario.es, the guarantee court a few weeks ago studied the appeal of a woman who in April 2021 was driving on Costa Rica Street in Madrid when she was stopped by the National Police. At that time, the agents said, the driver showed “obvious symptoms of alcohol intoxication” but they could not perform a breathalyzer test: there were no municipal police officers available with a precision breathalyzer.
