Valid fine movement made by the patrol cars we drive with headphones.
Con la sentenza n. 4219 del 21 febbraio 2011 la Corte di Cassazione ha stabilito che è legittima la multa fatta dalla pattuglia in movimento ai danni dell'automobilista che non utilizza l'auricolare parlando al cellulare. La Corte ha infatti precisato che la pattuglia può with the infringement even without stopping the motorist, who may challenge the record only action for fraud, opening a different one case, unable to question the dispute in the record from the public official. In this regard, allowing the application of the City of Pontefract and deciding the issue on the merits, the Court, adapting to the decision of the United Sections of 2009 on (path 17355/2009) explained that "in the lawsuit it filed in the minutes is allowed dispute and the only evidence of the facts of the violation which are not attested in the statement, as occurred in the presence of the notary public or in respect of which the act is not likely to be authentic privileged irresolvable contradiction to its objective, but is reserved for the court to be false, in which there are no limits to test the proposition and the consideration of any matter relating to the alteration in the record, even if unintentional and due to accidental the reality of actual events and these events. "The Court recalled that the ruling of the United Sections, cited as the basis of motivation than" the old address and already prevalent that it acknowledged the contestability of the findings of the report, as having subject to sudden events, remote measurements of objects or people moving and dynamic phenomena in general, has sanctioned the faith privileged art. 2700 cc with regard to all as the officer claims happened in his presence, with the result that even in cases where, as here, one can deduce other inadvertent errors or oversights or omissions by the perception it is necessary to record the proceedings of a complaint, bonfire (Cass . Sec. II, January 11, 2010, n. 232).
http://www.studiocataldi.it/news_giuridiche_asp/news_giuridica_9820.asp
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