#1
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The judge on duty of the 2nd Civil Court of Várzea Grande, Brazil converted the act of driver J.N.V, 23, into preventive detention. Jeferson caused an accident, killing two people, I. R. A. d. S. S., 22 years old (app driver), and passenger M.L.P. and leaving a six-year-old child injured. The tragic accident took place on Friday morning when the driver of the Corolla, that caused the accident, J.N.V, 23 years old, refused to take a breathalyzer test. He told police he was at a birthday party, and that he had "a clear conscience. Witnesses report that the driver tried to flee the scene, including changing his shirt, but was restrained by people. According to the Municipal Guard, the driver of the Corolla lost control, invaded the construction site and collided head-on with a Toyota Etios vehicle. The app driver of the Etios was trapped in the wreckage and died on the spot. Minutes before the accident, the female passenger had left another daughter, a minor, at a school in the São Mateus neighborhood. A third vehicle, was also involved in the accident and a woman who was a passenger was also hospitalized. The first version would be that the woman and the child were pedestrians, however, it was reported that the two were occupants of the Etios vehicle. The woman was thrown from the car and died later on and the child was removed by third parties, who were afraid the car would catch fire. Judge: 1. Legality of Arrest in Flagrante: The arrest in flagrante delicto was duly RATED by the titular judge, according to the decision in id. 81947690, once the formalities of articles 302 and following of the Criminal Procedure Code are fulfilled and the constitutional guarantees of the conduct are preserved. I note that the present record of Arrest in Flagrante was originally distributed at the Fifth Criminal Court, on Friday afternoon, when that court determined that it should be sent to the on-duty officer, stating that there would be no time for its presentation. As On yesterday's date, I was unable to access the process due to the unavailability throughout the day, it was only possible to access the process on today's date, which is why we will proceed with the custody hearing on this date in accordance with the law. 2) Pre-trial Detention Assumptions: It is clear that, in order for the pretrial detention decree to be issued, its legal assumptions and requirements must be present, namely: materiality of the crime and evidence of authorship, as well as demonstration of risk to public order; to the economic order; application of criminal law or procedural instruction. In addition, the case must involve one of the hypotheses provided for in article 313 of the Criminal Procedure Code. OK. It is noted that the materiality and evidence of criminal authorship are present, extracted, at this preface moment, from the Occurrence Bulletin and Notice of Change in Psychomotor Capacity - Resolution 423/13 CONTRAM (id. 81932298). On this occasion, I understand that the arrest in flagrante must be converted into preventive arrest, to guarantee the criminal order, as well as public order. Regarding the application of the criminal law, although debatable in the face of the circumstances, there are reports from the police, witnesses of the act that the accused tried to escape. Furthermore, one of the crimes in question has a maximum penalty of 8 (eight) years of imprisonment, in compliance with the provisions of item I of article 313 of the CPP, and in the case of 2 (two) Homicides and a serious bodily injury. , any penalty to be applied may be left over. On the other hand, it should be noted that this is a crime that threatens life, being undertaken in the direction of a motor vehicle in a visible state of intoxication and, it seems, would have tried to flee the scene of the accident. Therefore, there is a need for arrest in flagrante delicto be converted into preventive arrest, in view of the presence of the authorizing requirements described in art. 312 of the Criminal Procedural Code, in particular the guarantee of public order and the guarantee of the application of criminal law, given that the death of the application driver and of a mother, in addition to being serious for a child, has caused great social commotion, with several journalistic publications and on social networks, in addition to a large procession at the victims' wakes/burials. I note that, notwithstanding the arrest hereby decreed, the defendant, if he so wishes, may make new requests to the court of the case after these circumstances are clarified, since he denies that he was under the influence of alcohol. With these considerations, pursuant to art. 310, II, of the CPP, I convert the arrest into flagrant now reported in preventive detention. In view of the above, based on art. 310, item II, and §2 of the CPP, I CONVERT JEFFERSON NUNES VEIGA'S ARRIVAL INTO PREVENTIVE PRISON, since the requirements set out in art. 312 and 313, items I, both of the Criminal Procedure Code. 3). The duly summoned gifts leave 4) Issuance of the respective WRIT OF PREVENTIVE ARREST, pursuant to art. 684 et seq. of the CNGC. 5) At the end of the shift period, the gift must be sent for distribution to the competent court. 6) Considering that it was not possible to redistribute the Notice of Arrest in Flagrante for the duty, forward the media and the minutes of the hearing to the natural court, so that it can be inserted in the respective process. 7) In the meantime, wait for the police investigation, filing the present procedure then, with the precautions of style. |
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#2
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I hate Ubers and all app drivers. I’d rather take a taxi all day, atleast there are standards and tests they have to rigorously follow (Canada). Uber you just have to take a test online and your good to go… |
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#3
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Quote:
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#4
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Driver is a chump
__________________ Suck it up, buttercup!!! |
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#5
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I'm a tax paying, hard working chump too, don't rub it in!
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#6
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__________________ "I'd give the world for the chance just to see your face again. Still I pretend that you're still standing by." |
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#7
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These things should never happen.
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ezeemonee |
#8
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~ As the video starts, upper left, one can see that the car that struck & killed the two, was speeding, & tried to avoid hitting the car in front of it, that had slowed down in order to make a right turn, which is when the culprit lost control of his car & swerved into the opposite direction lanes. ~ I hate seeing good & beautiful people die needlessly. |
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ezeemonee |
#9
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My Rank: FIRST LIEUTENANT Poster Rank:231 Join Date: Apr 2010 Mentioned: 4 Post(s) Quoted: 869 Post(s) | ||||||||
A good GTA5 driving record is enough AFAIK. |
#10
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My Rank: LANCE CORPORAL Poster Rank:2966 Join Date: Oct 2020 Mentioned: 2 Post(s) Quoted: 38 Post(s) | ||||||||
: 脸掌
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