As a result of the application filed by the Firm, the Justice of the Peace of Trieste ordered the immediate return of the driving license that had been suspended by an order of the Prefect to an individual who had been involved in a car accident. In fact, the judge deemed that the findings in the report of the investigating officers were not sufficient to deny the reconstruction of the accident provided by the applicant.
The officers who had been on the scene of the accident had written their report solely on the basis of what they had seen on site and on the statements given by the parties involved. In particular, the officers concluded that the appellant had attempted a forbidden overtaking because his motorcycle was lying on the centre line of the roadway, while he had instead only avoided an obstacle that had suddenly occupied the carriageway.
Noting that the report drawn by the officers was not supported by other evidence, such as third-party witness statements, the Judge deemed he could not consider untruthful the applicant’s reconstruction. For this reason he ordered that the Prefect’s order be suspended and the driving license be immediately returned.
(Trieste Office – Andrea Piras – andrea.piras@studiozunarelli.com )
