highlight full validity of the rule-of-Way
Otherwise, traffic would be chaotic and unpredictable when in every corner of the driver who has choice and respect the traffic rules, I had to stop and see if someone unnoticed. With
vote of Judge Maria Esther Cafure Battistelli, the Criminal Chamber of the TSJ-composed Aida Tarditti and Arabel Mercedes-Blanc rejected the appeal filed by the defense of Dalmacio Gorocito against the ruling of the Court 2 nd Nomination Corrections, said the accused as responsible author the crime of negligent injury and imposed three months in the form of conditional execution and disqualified for driving motor vehicles for a period of one year.
In turn, Upper Body reviewed the appellant base their offense on the merits of the decision, considering that it was not proven with the degree of certainty required to convict his client that if the vehicles collided in a corner hubieranconcurrido signalized not simultaneously, a fact which, as argued, could have been excluded from the application of the rule-of-Way of Article 65 of the Municipal Traffic Code (CTM). On the argument
the challenger, the Board noted that instead of offering a critical view of the entire framework of conviction is merited, was based on partial analysis, stating that the judge's ruling Corrections concluded that the defendant failed to grant right of way he was attending the vehicle traveling on the right, led by Armando Anibal Ruiz-which had to comply at the crossroads of streets which was attended by the colliding, configured as a result reckless behavior in automobile traffic that caused minor injuries the victim.
addition, the judge noted that the Supreme Court established the right of way that both cars arrived simultaneously at the corner where similar speed and crashed, narrowly surpassing even the limit.
No exceptions
As to the rule in question, said the judge argued that governed the case and not met the exceptions provided in the standard.
"In the under examination, the trial judge gave sufficient reasons to establish that it should apply the rule of the right of way, as both vehicles arrived simultaneously at the corner with no traffic lights near the speed allowed and not allowed the accused to cross Peugeot 307 traveling on the right, "embodied the High Tribunal.
In that vein, the Supreme Court emphasized that warned it was wrong to question the lack of motive for the alleged allocation made by the lower court's absolute rule of the right of way, explaining that this was not stated by the judge, noting that expressly stated that admit exceptions. Golden
"The Criminal Court has said that the right of way of the driver who comes from the right enshrined in a golden rule, because under that right of way is entitled to advance to the legitimate expectation that will be another road that will stop progress, "he stressed, expressing that, otherwise, the movement would be chaotic and unpredictable at every turn if the driver has the choice and respect the traffic rules, had to stop completely, see if someone unobservable and let it go.
Thus, ruled the speed of the car of the victim, the court appreciated that the accident could only be attributed to the recklessness of the accused, who could not stop the vehicle or perform a maneuver to avoid it. "The causal relationship with the material and physical damage caused resulting from the evidence (...), without the intervention of external circumstances or the victim who had an impact on production even indirectly, altering the course causal, "he added.
www. comercioyjusticia.com.ar
FOR MORE INFORMATION DO NOT HESITATE to contact the telephone (0342) 489.6831 or (0342) 155.472616 or e-mail: @ gmail.com or ma_sandria abogado.mas @ yahoo.com.ar
Otherwise, traffic would be chaotic and unpredictable when in every corner of the driver who has choice and respect the traffic rules, I had to stop and see if someone unnoticed. With
vote of Judge Maria Esther Cafure Battistelli, the Criminal Chamber of the TSJ-composed Aida Tarditti and Arabel Mercedes-Blanc rejected the appeal filed by the defense of Dalmacio Gorocito against the ruling of the Court 2 nd Nomination Corrections, said the accused as responsible author the crime of negligent injury and imposed three months in the form of conditional execution and disqualified for driving motor vehicles for a period of one year.
In turn, Upper Body reviewed the appellant base their offense on the merits of the decision, considering that it was not proven with the degree of certainty required to convict his client that if the vehicles collided in a corner hubieranconcurrido signalized not simultaneously, a fact which, as argued, could have been excluded from the application of the rule-of-Way of Article 65 of the Municipal Traffic Code (CTM). On the argument
the challenger, the Board noted that instead of offering a critical view of the entire framework of conviction is merited, was based on partial analysis, stating that the judge's ruling Corrections concluded that the defendant failed to grant right of way he was attending the vehicle traveling on the right, led by Armando Anibal Ruiz-which had to comply at the crossroads of streets which was attended by the colliding, configured as a result reckless behavior in automobile traffic that caused minor injuries the victim.
addition, the judge noted that the Supreme Court established the right of way that both cars arrived simultaneously at the corner where similar speed and crashed, narrowly surpassing even the limit.
No exceptions
As to the rule in question, said the judge argued that governed the case and not met the exceptions provided in the standard.
"In the under examination, the trial judge gave sufficient reasons to establish that it should apply the rule of the right of way, as both vehicles arrived simultaneously at the corner with no traffic lights near the speed allowed and not allowed the accused to cross Peugeot 307 traveling on the right, "embodied the High Tribunal.
In that vein, the Supreme Court emphasized that warned it was wrong to question the lack of motive for the alleged allocation made by the lower court's absolute rule of the right of way, explaining that this was not stated by the judge, noting that expressly stated that admit exceptions. Golden
"The Criminal Court has said that the right of way of the driver who comes from the right enshrined in a golden rule, because under that right of way is entitled to advance to the legitimate expectation that will be another road that will stop progress, "he stressed, expressing that, otherwise, the movement would be chaotic and unpredictable at every turn if the driver has the choice and respect the traffic rules, had to stop completely, see if someone unobservable and let it go.
Thus, ruled the speed of the car of the victim, the court appreciated that the accident could only be attributed to the recklessness of the accused, who could not stop the vehicle or perform a maneuver to avoid it. "The causal relationship with the material and physical damage caused resulting from the evidence (...), without the intervention of external circumstances or the victim who had an impact on production even indirectly, altering the course causal, "he added.
www. comercioyjusticia.com.ar
FOR MORE INFORMATION DO NOT HESITATE to contact the telephone (0342) 489.6831 or (0342) 155.472616 or e-mail: @ gmail.com or ma_sandria abogado.mas @ yahoo.com.ar
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