For The Second Time, It Is Ruled That The GCBA Cannot Withhold Uber Drivers’ Licences (Criminal and Infractions Court, CABA)
On the 8th of May, 2019, in the case “Brozzoni, Hugo Argentino sobre 6.1.47 – requisitos de los vehículos de transporte de pasajeros”, (CAU 38431/2019-0), No. 13 Criminal and Infractions Court declared the proceedings null for not complying with the procedural requirements for injunctions. The Court also acquitted the driver due to the retention of his driver’s licence by the Administrative Unit for Offence Control. The Court held that this retention was construed as a premature enforcement of the penalty, seeming to deal out a sanction before it became final, rather than serving the legitimate purpose of preventing the continuation of an offence. Furthermore, the Court declared that the licence could neither be withheld as a means of evidence, since this could easily and quickly be supplemented by a copy.
