The Justice of the Peace of Abbiategrasso cancels one of the two fines imposed on the motorcyclist on the same day, due to excessive burdensomeness (Justice of the Peace Abbiategrasso, n. 240 of 17/4/2024.)
The story
The motorcyclist disputes two traffic infringement reports issued on the same day within a few hours of each other. The Justice of the Peace cancels one for “excessive burdensomeness”, as it concerns the same violation of the Highway Code.
The motorcyclist presents opposition against two fines issued by the Local Police of Abbiategrasso for violation of theart. 146/3 of the Highway Code which provides: “The driver of the vehicle who continues the journey, despite the signals from the traffic lights or the traffic officer prohibiting the march itself, is subject to the administrative sanction of paying a sum ranging from 167 euros to 665 euros”.
From the photographs produced in court it emerged that the motorcyclist, on both occasions the subject of a criminal complaint, at the intersection with a traffic light with two traffic lanes exceeded the stop line and “engaged the intersection from the travel lane for the turn to left into which it was channeled which had a red traffic light”.
This means that Indeed, there were violations of the Highway Code. However, the Judge noted that the complaints were raised within a few hours of each other, therefore “it seems excessively burdensome and not fair to confirm both fines for the same violation of the Highway Code”.
Therefore, only one of the two minutes is confirmed, while the other is cancelled.
Lawyer Emanuela Foligno
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