[Case Summary]This case involves the defense of a second-instance trial for the crime of dangerous driving. Liu Qiang was administratively punished for drunk driving and failing to display a license plate in October 2023, and was charged with the crime of dangerous driving in November of the same year. In July 2024, he was sentenced to one month's detention and fined 2,000 yuan in the first-instance trial for the crime of dangerous driving. Liu Qiang appealed and entrusted Beijing Henglu Law Firm to handle the case for him.Yuan HangAttorney. The attorney focused on procedural violations and evidence defects: the plea of guilty and acceptance of punishment without the presence of a lawyer, the failure to appoint a defense attorney in the first instance, irregular procedures for blood collection and forensic testing, and the lack of qualifications and CMA accreditation of the appraisal institutions. The second-instance court accepted the arguments and ruled to revoke the original judgment and remand the case for retrial in accordance with Article 236 of the Criminal Procedure Law. The core disputes include procedural violations, evidence validity, and sentencing. Applicable legal provisions: Articles 174, 227, and 236 of the Criminal Procedure Law of the People's Republic of China and relevant judicial interpretations.

I. Review of the Case Facts

"How to defend against the crime of dangerous driving" and "Can the case be overturned if the blood test procedure for drunk driving is illegal?" are frequently searched by litigants. On October 14, 2023, Liu Qiang, a staff member of a primary school in Linfen City, drove after drinking and without a license plate, and was fined 1,200 yuan and had his driver's license suspended for six months; in November of the same year, he was charged with the crime of dangerous driving. On July 10, 2024, the First Instance Court of A District in Linfen City sentenced Liu Qiang to one month of detention and a fine of 2,000 yuan for the crime of dangerous driving. Liu Qiang appealed against the verdict and entrusted Beijing Henglu Law Firm to handle the case for him.Yuan HangThe lawyer is representing the client in the second instance of the trial.

Yuan HangThe lawyer found that the blood alcohol identification report, which served as the core evidence in the first-instance trial, had serious procedural flaws: the defendant signed a plea agreement without the presence of a defense attorney or a duty lawyer to explain the legal consequences; the court failed to appoint or commission a legal aid lawyer in the first-instance trial; the video of blood collection did not show the details of the disinfectant used for the collection tube, the blood sample was not sealed with a signature, there were no police officers' images in the report, the evidence and the report number were inconsistent, the identification institution was not registered and lacked the CMA logo, and the report was issued and served beyond the deadline.

II. The focus of the case

  • Focus 1: Whether the litigation process is fundamentally illegal.The defendant pleaded guilty and accepted the punishment without a lawyer present, and no defense attorney was appointed in the first-instance trial. The focus of the case is whether it constitutes a serious violation of legal procedures and should be sent back for retrial.
  • Focus II: Whether the chain of evidence of blood alcohol is legal and effective.The focus of the flaws in the blood collection, packaging, testing, and identification stages is whether the identification opinion should be excluded.
  • Focus 3: Can procedural justice lead to a conviction?The focus is on whether the procedural violations have a material impact on the evidence's effectiveness and whether it is possible to reverse the "irrevocable" judgment.

III. Professional intervention by Hengluo Law Firm

The appellant (the suspect) claimed that:Liu Qiang argued that the first-instance proceedings were illegal, the evidence was flawed, and he confessed guilt and accepted the punishment without understanding the legal consequences. He requested that the original judgment be revoked and the case be sent back for retrial.

The position of the prosecution (prosecutorial organ/first-instance court):The first-instance court based its verdict on the blood alcohol content appraisal report, finding that Liu Qiang committed the crime of dangerous driving and sentenced him to fixed-term imprisonment and a fine.

Hengluo Lawyer's Representation Opinion:Yuan HangThe lawyer's "combined attack" defense: Procedurally, the affidavit signed without a lawyer present violates Article 174 of the Criminal Procedure Law. The failure to appoint a defense attorney in the first instance violates the full coverage regulation and constitutes a "serious violation of legal procedures" as defined in Article 227, which requires the case to be remanded for rehearing. Regarding evidence, the "Thresholds and Testing Methods for Blood and Breath Alcohol Content of Vehicle Drivers" and other norms are analyzed one by one. The blood sample collection without photographing the disinfectant collection tube, the unsealed packaging without signature, and the lack of police footage during the submission of the sample violate Article 85 of the Interpretation and should be excluded. The appraisal institution is not registered, lacks the CMA logo, and lacks evidentiary force. This is supplemented by humanized circumstances such as Liu Qiang's severe hypertension and depression, his elderly parents, and his daughter's college entrance examination, which echo the procedural justice.

IV. Outcome of the case

The second-instance court accepted the evidence submitted by the appellant.Yuan HangAccording to the lawyer's opinion, the original judgment "has unclear facts and insufficient evidence", especially the illegal procedures of blood sample collection, sending for examination and appraisal have substantially affected the effectiveness of the evidence. According to Article 236 of the Criminal Procedure Law of the People's Republic of China, the final ruling revokes the original judgment and remands the case to the People's Court of A District for retrial. Liu Qiang's case has encountered a crucial turning point, and procedural justice has broken the conviction in the first instance.

5. Hengluo Law Firm's Advice

Procedural justice is the prerequisite of substantive justice. This case was handled by Beijing Henglu Law Firm.Yuan HangAttorney (Practice License No.: 11101202110286151, subject to the certificate issued by the judicial administrative organ): Note: When signing the plea agreement, it is mandatory to have an attorney or a duty attorney present. If no attorney was appointed during the first-instance trial, you can apply for legal aid. For critical procedures such as blood sample collection and appraisal, you may request to review the full video recording and verify the document number and the qualifications of the personnel involved. Procedural violations may directly render the evidence invalid or lead to a change in the legal classification of the case.

VI. Common Questions and Answers about the Defense of the Crime of Dangerous Driving

  1. Q: If a person is convicted of drunk driving in the first instance, can the case be sent back for retrial in the second instance?
    A:Yes. If the illegal procedures materially affect the evidentiary effect, the original judgment may be revoked and the case remanded for retrial in accordance with Article 236 of the Criminal Procedure Law, and this is the case here.
  2. Q: Can the illegal appraisal of blood testing procedures be ruled out?
    A:Yes. Defects such as blood collection without disinfecting the blood collection tubes, sealing without signing, and sending the samples without the police's video footage should be excluded according to the relevant appraisal opinions in the judicial interpretation.
  3. Q: Is it valid if a defendant pleads guilty and accepts the punishment without a lawyer present?
    A:The affidavit must be explained and signed by a lawyer or a duty lawyer. If there is no lawyer present and the defendant is unaware of the consequences, the affidavit should not be used as the basis for making a final judgment.
  4. Q: If I don't hire a lawyer for the first-instance trial, will the court just ignore it?
    A:The defendant who has not appointed a defense attorney shall be assigned a legal aid lawyer by the court in accordance with the full coverage regulation. Failure to do so constitutes a serious procedural violation.
  5. Q: Is it useful to hire a lawyer for the crime of dangerous driving?
    A:It's useful. Professional lawyers can argue over the details of procedures and evidence, which often play a crucial role in reversing the outcome of a case. In this case, the second-instance court remanded the case for rehearing.