Goodbye alcohol test, everything changes for those who drive while intoxicated
A sentence from Court of Cassation it overturns the rules regarding drunk driving. You will no longer need to do it the alcohol test to certify the positivity of the driver, but they will be enough – reports Il Messaggero – elements “objective and symptomatic“. For the judges, in fact, the conviction for drunkenness can also be based on traffic police assessments. The smell of alcohol, the inability to answer questions and poor dexterity in controlling the vehicle, even if only reported, are a valid reason. It matters little how the considerations may seem subjective. A decision, that of the Court, which could now pave the way for a series of convictionswithout clinical and objective assessments, based on data alone testimonials of the agents.
The judges – continues Il Messaggero – specify that Substantive questions are not a matter for the Courtbut then they point out: “With specific reference to the contested case, it must be reiterated that this Supreme Court has had the opportunity to specify that, since the instrumental examination does not constitute one legal proofthe determination of the alcohol concentration can take place based on symptomatic elements for all the crimes envisaged by article 186 of the Highway Code (i.e. driving while intoxicated) and if they are cross the threshold superiors the decision must be supported by adequate motivation“. It will therefore be enough testimony of police officers to ascertain the exceeding the minimum threshold of 1.5.
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