Hazal K. entered the traffic jam with her car on April 25 in Menemen. In the measurement made by the police teams with the alcohol meter device, Hazal K. was found to be 0.51 promil alcohol.
An administrative fine of 5 thousand 96 liras was imposed on the driver for exceeding the legal limit, and his driver’s license was also seized. Thereupon, Hazal K. took the case to court through her lawyer, Oğuzhan Bizkevelci.
Menemen Criminal Judgeship of Peace, which discussed the file, stated that the driver exceeded the legal amount of 0.50 promil as 0.01 promil in the alcohol test, and concluded that there was doubt about whether the misdemeanor was committed and that the objector should benefit from this suspicion.
OBJECTION IS JUSTIFIED
Menemen Criminal Judgeship of Peace, having conscientious opinion that even if it is accepted that he used alcohol, a trace amount such as 0.01 promil would not be proportional to the misdemeanor, decided that Hazal K. was right in her objection.
‘The decision is precedent’
For this reason, the judge decided to lift the administrative sanction on the grounds that the fine and the temporary driver’s license recovery report were unlawful.
Oğuzhan Bizkevelci, the driver’s lawyer, evaluated the decision. “We think that this decision is a precedent. With this decision, the court decided that even if the device is checked regularly, there is a margin of error and the penalty is disproportionate. “ said.