Driver from Partinico acquitted after testing positive for alcohol and drugs
The alcohol and drug tests carried out in the hospital, after an accident in which his wife was injured, for a forty-year-old driver from Partinico (Palermo) were positive: 0.87 grams per liter (above the 0.50 allowed) and he had used cocaine and marijuana. Defended by lawyer Fabio Bosco, the man was acquitted by Judge Edoardo Bandiera of the Trapani court. During the investigations, a procedural error was committed. The hospital staff in Alcamo did not inform him that he could be assisted by a lawyer for those tests. The driver, on February 28, 2023 on the stretch of highway on the Palermo-Mazara del Vallo, near Calatafimi Segesta, ended up on an Anas construction site. The trial lapsed due to “lack of procedural condition”, because the tests carried out in the hospital were invalidated. The medical staff who performed the tests, being authorized by the police, in these cases assume the role of judicial police auxiliaries. Therefore, they should have informed the suspect of his rights. “As a result – the judge writes – the unusability of the results of the ethylometric measurement carried out with the blood sample. This overwhelms on the probative level the very foundation of the accusation made.” Secondly, the man could still have been prosecuted for injuries if there had been a complaint filed by the injured party, but his wife did not file any complaint.
Positivo all’alcol e al drug test, automobilista di Partinico assolto
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