A judge at the Criminal Court Number 1 in Gijón has acquitted a man who failed a breathalyser test at a random control point, a decision which one would imagine is bound to be appealed.
The accused was stopped on the Avenida Juan Carlos I in Gijón and subjected to a breath test which registered 0.50 milligrams. Later, at the police station, a second test registered 0.67 milligrams.
The prosecution was requesting a fine of €3,240 but, instead, the judge acquitted the defendant.
The judge argued that the police reports showed no evidence that the accused had, at any time during the breath test, shown any signs that his mental faculties had been impaired by his prior consumption of alcohol.
The judge, Lino Rubio, also added that there had been no evidence presented relating to any erratic driving or violation of traffic regulations by the accused.