Court dismisses appeal against driving ban, upholding CBR's reliance on police process-verbaal due to lack of medical evidence.
Pays-Bas (NL)
Synthèse Legislator
Généré par l'IAThe Council of State dismissed the appellant's appeal against the Regional Court's decision to uphold a driving ban imposed by the CBR. The appellant argued that police officers were biased and that a delayed blood test proved the breathalyzer result was incorrect, but the court found no concrete evidence supporting these claims. Consequently, the court confirmed that the CBR was legally entitled to rely on the official police process-verbaal in the absence of sufficient medical expert testimony to challenge the alcohol measurement.
Regeste Legislator
Généré par l'IAArt. 1:1 lid 1 Algemene wet bestuursrecht; Art. 1:2 lid 1 Algemene wet bestuursrecht: The administrative authority may rely on the accuracy of an official process-verbaal unless the administrative judge is convinced that the report is incorrect or casts a different light on the facts.