San Gavino, license withdrawn after the "arrogant tones" in the barracks, the Tar rejects the Motorization
Motorist had ended up alone in a roundabout, he had been forced to undergo inspection because he was not certain "psycho-physical fitness" to continue driving
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The use of "insistent and arrogant" tones with the carabinieri, "reprehensible in itself", cannot be a reason for withdrawing and reviewing the licence. It does not demonstrate that the motorist no longer possesses the "psycho-physical fitness" to be able to drive.
This was established by the Tar of Sardinia, which rejected the decision of the Civil Motorization of Cagliari, against a man who at the end of March 2020 had crashed into the roundabout between State Road 197 and Provincial Road 61, at the gates of San Gavino .
He had done it all by himself, there were no injuries or other vehicles involved. The findings had been carried out by the police, who had imposed a fine because the "speed" had not been moderated adequately. A tow truck was called to remove the car.
It seemed to end like this. Instead, the motorist realized that no documents had been returned to him. So the next day he went to the police station.
The military, reads the sentence, "also in relation to the conduct held on that occasion ("he asked with insistence and arrogance for the return of the driving license and the registration certificate ...") decided to send a report to the Civil Motorization of Cagliari pursuant to articles 119 and 128 of the Highway Code, casting doubt on the persistence of the "physical and mental requirements regarding the suitability of possessing a driving licence".
The offices of the Ministry of Transport, demonstrating an anomalous "lightning speed", and the definition is of the administrative judges, had imposed the revision of the driving license in a few days.
A decision contested by the motorist. Who emerged victorious. The Tar established that the extent of the accident did not justify such a heavy measure. In addition , "the conduct described in the police report did not contain elements such as to require the adoption of an urgent measure". And the imposition of the license review was swift and without contradiction. Instead there had to be. Motorization rejected by the Tar.
(Unioneonline/E.Fr.)
