Acquitted because his lawyer was not notified.
Judge Elena Barmina ordered the acquittal, in recent days in court in Sassari, of a man from Bonorva accused of driving under the influence of alcohol.
He had been taken to the emergency room in Ozieri after a road accident that occurred in October 2022, also in the town of Logudoro.
The person, who did not cause the accident, had been subjected to a clinical examination to determine the possible presence of alcohol in the blood . This was at the request of the Carabinieri who, in an email, had asked the medical staff to carry out the test , warning them however that the man had to be advised that, in the operation, he had to be assisted by his lawyer . But the doctors did not do as requested and proceeded with the screening, which had given a positive result.
For this reason, during the discussion, Fabrizio Manai, the defendant's lawyer, underlined how the value of the analysis was null, given the lack of information given to his client.
Furthermore, the same lawyer pointed out that a sample found positive with an immunochemical screening test has no legal value unless confirmed with a more specific method. The emergency room health workers also wrote in the report sent to the military that "the results have no medico-legal value". And so in the end, despite the prosecutor's request for 6 months of imprisonment, the judge issued a sentence of acquittal because the fact does not exist.
