A 56-year-old man convicted of drunk driving following a traffic accident has had his fine reduced from €1,300 to €23 after an appeals court decided that that the evidence provided by the police was "weak."

Raymond Debono was charged with driving under the influence of alcohol, refusing to undergo a breathalyser test and driving without headlights in December 2013.

Last March, the courts acquitted him of the second charge but found him guilty of the others, fining him €1,300 and suspending his driving licence for six months.

Madam Justice Edwina Grima noted that Mr Debono did not refuse to undertake a breathalyser test for capricious reasons but because he was seriously injured after the accident and suffering from chest pains rendering him unable to blow into the breathalyser machine.

The court referred to the testimony given by one witness, who put Mr Debono's intoxication down to him being unsteady on his feet and slurring his speech.

The court said that the police officers on site made no reference to this supposed inebriated behavior, merely testifying that Mr Debono had a "slight smell of alcohol".

The court noted that the evidence leading to the conviction that Mr Debono was so intoxicated that it affected his driving was somewhat weak.

The court pointed out that his grievous injuries could have led to his "unstable" appearance and stressed the fact that the police officers agreed that the smell of alcohol emanating from him was only a "slight" one.

He was acquitted of the drunk‐ driving charge and had his fined reduced to  €23 for driving at night without switching on his headlights. 

Lawyers Jason Azzopardi and Kris Busietta appeared for Mr Debono.