Be careful because, if you have been drinking, they can take your license away even on the journey (on foot) from the restaurant to your parked car. Possible? Listen to this story. A 40-year-old man residing in How filed an appeal against one fine for testing positive for alcohol complete with license suspension for driving while intoxicated. The dispute arises from the fact that the man was subjected to an alcohol test when he was tested while he was outside the car on foot, after he had left a restaurant and was going to his car. The news went viral after a video shared on Instagram bylawyer Ivano Chiesa.
Alcohol test and driving license suspension
According to the lawyer's story, the man, together with a friend, was leaving a restaurant with a friend, with the car parked in an area of Do not stopwhere i traffic wardens they were already filling out the report. Before getting into the car, the two were subjected to an alcohol test by the officersi, testing positive and having his license suspended.
In his story, the lawyer underlines that the car was stopped, with the engine off and for this reason he presented a appeal to the Justice of the Peaceciting case law that requires the term “drunk driving” to actually imply driving and not simply being on the road.
The day of the sentence against this fine is scheduled for Thursday 22 February 2024, but before the hearing, the justice of the peace had granted the Suspension of the provision for the immediate return of the driving license after the hearing itself. This suspension measure, however, was frozen by the Prefecture of Como, which did not return the license because the 40-year-old would have had to present a medical certificate which certified his fitness to drive. After consulting the judge again, a was issued new statement which guaranteed the immediate return of the document, finally allowing the driver to get his license back.
Read also:
→ BAC, penalty limits
→ BAC for new drivers
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