MP requests images and reports of accident that killed couple in Rio-Santos; driver paid bail of R$50,000

The collision took place on the Rio-Santos Highway, in a section where overtaking is prohibited. The 33-year-old driver tried to overtake and, when he gave up the maneuver, hit a car in front of him. He then lost control of the steering wheel and crashed head-on into the other car.

A family was in the car that was hit. The couple, who were in the front seats, died after being taken to Bertioga Hospital. The couple's 18-year-old daughter and her 19-year-old boyfriend were in the backseat and were injured. The driver was arrested red-handed for drunk driving.

Last week, prosecutor Leonardo Albrecht Neto asked that the case investigation be returned to the Civil Police to carry out further investigations. The body asked for expert reports, interrogations and the verification of monitoring cameras.

So far, the agency has not filed a complaint against the accused, who was indicted by the police for homicide and bodily injury, both negligent [when there is no intention] driving a vehicle and qualified by drunk driving.

However, according to the custody hearing decision itself, crimes can be classified as intentional with possible intent if there are “conditions for determining that the accused saw the victims' car coming in the opposite direction”.

The driver of the car, a 33-year-old businessman, was arrested in the act after taking a breathalyzer test which showed 0.48 mg/L (milligrams of alcohol per liter of alveolar air). The value is above the legal limit of 0.34 mg/L.

However, he ended up having provisional release granted at a custody hearing due to his fixed residence, legal occupation and primary status. At the time, judge Evandro Renato Pereira set the bail at R$50,000.

The judge also ordered that the investigated person, who is a resident of São Paulo (SP), have his license suspended, appear in court every three months to justify his activities and be prohibited from leaving the municipality where he lives without authorization from the Court.