Análisis de la prueba plena en contravenciones de tránsito por conducción en estado de embriaguez en Cuenca-Ecuador durante el 2023

Abstract

This research analyzed the rulings for contravention offenses related to driving under the influence of alcohol in Cuenca, Ecuador, during 2023, identifying the evidence that judges use as conclusive to sanction such behavior. To this end, it was based on regulations, legal doctrine, and jurisprudence regarding evidence, due process, rationale, and data collection instruments such as questionnaires applied to rulings. This allowed for data processing that facilitated the tabulation of the resulting information, yielding the index of processes per month, the gender and age of the defendants, the defense strategies employed, and the evidence used to establish responsibility. Finally, through the analysis of the data and its findings, this research identifies inconsistencies in the rulings regarding the deduction of points from driver's licenses for specific periods, confusion between types of evidence—breathalyzer test and blood alcohol test—and the use of evidentiary means considered in legal doctrine as circumstantial evidence being treated as conclusive proof.