Sarzanese wins an appeal to the TAR against ASL5 which had deemed him “unsuitable” for a driving licence

Sarzanese wins an appeal to the TAR against ASL5 which had deemed him “unsuitable” for a driving licence
Sarzanese wins an appeal to the TAR against ASL5 which had deemed him “unsuitable” for a driving licence

The 24-year-old from Sarzana who in November 2021 was deemed “unfit” by the ASL5 medical commission will be able to try to realize his dream of obtaining a driving license. The second section of the Liguria Regional Administrative Court instead accepted the boy’s appeal, presented together with his lawyer Laura Scantamburlo, annulling the judgment and allowing him to undertake the process of obtaining a driving license again three years later. In fact, the appeal was started after the young man had been declared “permanently unfit” as he was suffering from “mild mental retardation” first by ASL5 and subsequently by the RFI health unit of Pisa (which later did not appear in court) where he had carried out further investigations. On the basis of the elements provided by the defence, the Administrative Court however recognized that the appellant was not suffering from “ongoing mental disorders; severe mental retardation; psychosis and personality disorders” which are precluded from issuing a driving license, but rather from “mild mental retardation” (diagnosed in childhood with dyslexia and dysgraphia) which is not considered an obstacle to obtaining a driving licence. The appeal was therefore deemed founded and the boy will now be able to take the practical and theory exams.

 
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