Acórdão nº 79/08.7PEOER.L1-5 de Court of Appeal of Lisbon (Portugal), 13 de Outubro de 2009
| Magistrado Responsável | VIEIRA LAMIM |
| Data da Resolução | 13 de Outubro de 2009 |
| Emissor | Court of Appeal of Lisbon (Portugal) |
S Meio Processual: RECURSO PENAL Decisão: PROVIDO Sumário: I – Efectuado exame de detecção de álcool no sangue e pedida a contraprova, esta deve ser realizada em aparelho diferente daquele que foi usado no primeiro exame.
II - A contraprova é uma garantia de defesa do arguido, um meio pelo qual o examinando pode impugnar o resultado apresentado pelo aparelho utilizado no primeiro teste quantitativo. A utilização do mesmo analisador na contraprova não daria quaisquer garantias contra a eventual falta de fiabilidade do aparelho, de cujo resultado o examinando desconfia. Só a utilização de outro aparelho certificado...
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