#Palermo #drives #license #acquitted #happened
PALERMO – The violation was not definitively ascertained.
That is why a motorist was acquitted on appeal of having driven the car without a license.
A case that often repeats the one discovered by the defender, the lawyer Dario Falzone.
In March 2021 the accused was sentenced to two months in prison and a fine of 4,000 euros.
The dispute dates back to 5 September 2017.
According to the accusation, the man was a repeat offender since not even two months earlier, on 10 July 2017, he had been stopped driving without a license.
The lawyer Falzone on appeal I asserted the principle established by the Supreme Court, according to which in order to be recidivist (and therefore to commit a crime and not a simple administrative violation) it is necessary that the violation itself be “definitively ascertained”.
In this case, the 60 days within which to appeal against the first administrative violation had not elapsed.
Other than definitive, therefore.
And so the sentence of the single judge of Termini Imerese was overturned.
The same Prosecutor General asked for absolution, decided by the college chaired by Adriana Piras “because the fact is not foreseen by the law as a crime”.
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