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Évora Court upholds Portimão sentence despite errors
The Évora Court of Appeal has upheld a conviction issued by a Portimão judge, despite the original sentence containing significant errors. The court found that the judge had used a document from a different case as a template, resulting in the inclusion of another defendant's name and facts unrelated to the current proceedings.
Specifically, the erroneous sentence falsely claimed the defendant had fled the scene of an accident and refused to identify himself. In reality, the defendant had fully confessed to the facts of the case. The incident involved a driver who struck a stationary vehicle while under the influence of alcohol and subsequently refused a blood alcohol test after three unsuccessful breathalyzer attempts.
The Évora Court of Appeal characterized the discrepancies as a ‘manifest error of writing’ and ruled that the errors could be corrected without annulling the entire sentence. The defendant remains sentenced to 115 days of fines, totaling 747.50 euros, and a five-month driving ban.
Entities
PSP · Portimão · Portimão Court · Évora · Évora Court of Appeal
Claims
What the coverage asserts, and how well corroborated each claim is across sources.
- [● 2 SOURCES] The defendant refused a blood alcohol test after three failed breathalyzer attempts. zap.aeiou.pt · postal.pt
- [● 2 SOURCES] The court refused to annul the original conviction despite the errors. zap.aeiou.pt · postal.pt
- [● 2 SOURCES] The sentence incorrectly stated the defendant fled the scene of the accident. zap.aeiou.pt · postal.pt
- [● 2 SOURCES] The defendant was sentenced to 115 days of fines totaling 747.50 euros. zap.aeiou.pt · postal.pt
- [● 2 SOURCES] The original sentence included the name of a different defendant. zap.aeiou.pt · postal.pt
- [● 2 SOURCES] The Évora Court of Appeal identified the errors as a 'manifest error of writing'. zap.aeiou.pt · postal.pt
- [● 2 SOURCES] The defendant received a five-month driving ban. zap.aeiou.pt · postal.pt