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A motorist who ran over and killed a British national while over the limit has been acquitted after a court ruled alcohol consumption had not affected his driving.

The provincial court in Palma upheld the ruling of a lower court that last year absolved the driver of causing the local British man’s death.

Alan J. Taylor, 39, who lived on the Spanish Balearic Island, was making his way over a pedestrian crossing on the busy Avinguda de l’Argentina junction in central Palma, Majorca, on June 10, 2020. 

As he crossed the road, he was struck by a driver who tested positive for alcohol – twice over the legal limit.

Mr Taylor was rushed to hospital in critical condition where he died five days later.

Alan J. Taylor, 39, was making his way over a pedestrian crossing on the busy Avinguda de l’Argentina junction in central Palma, Majorca, on June 10, 2020, when he was struck by a motorist (file image)

The court has now ruled that despite being over the legal driving limit, alcohol had no influence on the motorist’s driving.

During the investigation into the incident, the driver was accused of jumping a red light. However, witnesses corroborated the driver’s plea that this was not the case.

‘The car crossed on green, but at high speed. It was clear from afar that what happened was going to happen. I myself shouted “he’s going to run over him”,’ one witness told the court, Ultima Hora reported. 

The driver, who was not named and was only described as a young man, said he did not see Mr Taylor walk out into the road and proceeded as the light was green.

‘I suddenly noticed a blow, got out of the car and saw a person on the ground,’ Majorca Daily Bulletin reported the driver as saying.

During its ruling, the court noted that a municipal services truck on the road had been blocking Mr Taylor’s vision.

An autopsy found Mr Taylor had consumed alcohol and benzodiazepines – a depressant drug used to help anxiety and insomnia – before the fatal incident. The court ruled that this had impaired his reflexes.

Following their ruling, the Prosecutor’s Office called for the driver to be sentenced for two-and-a-half years and a three-and-a-half-year driving ban.

Source: | This article originally belongs to Dailymail.co.uk

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