A 50-year-old driver, resident of Limatola, was fully acquitted by the Criminal Court of Santa Maria Capua Vetere. He was charged with causing serious personal injury, as provided for by Article 590 of the Criminal Code, and driving under the influence of narcotics or psychotropic substances.
The incident dates back to November 2024, when the man's car violently collided with another car driven by a young woman, who was injured and hospitalized with a critical prognosis. After the accident, the 50-year-old was investigated and sent to trial.
The gaps in the investigations
During the trial, Massimo Viscusi, the defendant's defense attorney, highlighted serious flaws in the investigation, particularly in the immediate aftermath of the collision. Specifically, the parties involved were allegedly not informed of their right to appoint a lawyer before the blood test. Furthermore, the test was allegedly performed more than five hours after the events, with results deemed unreliable.
The defects of the breathalyzer also played a role: the instrument was not inspected nor correctly calibrated on an annual basis.
The knot of causal connection
Regarding the charge of serious personal injury while driving, the court found that the causal link between the defendant's conduct and the injury suffered by the young woman had not been proven. The aggravating circumstance of driving under the influence of alcohol was also dropped.
The exact circumstances of the accident remain under investigation by the civil judge, but according to what emerged in the criminal trial, the incident was not caused by alcohol.
The sentence and its effects
The prosecutor had requested an acquittal on the grounds of non-commitment. The panel of the Third Criminal Section, led by Judge Dr. Vitale, upholding the defense's argument, instead pronounced a full acquittal because the act did not constitute a crime.
The decision avoids the confiscation of the vehicle and allows the defendant's driving license to be returned.
Key points on the acquittal verdict
Here is a summary of the main points that emerged from the acquittal of the Limatola driver.
- Absolution: The 50-year-old was fully acquitted by the criminal court of Santa Maria Capua Vetere.
- Accusations: He was charged with causing serious personal injury and driving under the influence of drugs.
- Investigation shortcomings: Serious flaws in the investigation emerged, including problems with blood sampling and the breathalyzer.
- Causal link: The court found that the causal link between the defendant's conduct and the harm suffered by the young woman had not been proven.
- Consequences: The sentence avoids the confiscation of the vehicle and allows the return of the driving license.
