Questão jurídica principal
Whether the conviction for simple traffic violation had to be removed from the dispositif after the speeding allegation was abandoned
Decisão extraída
Yes. The simple violation under Art. 90 ch. 1 LCR was based only on speeding; once that element fell away, the dispositif had to be amended and the appellant was acquitted of that count.
Fundamentação extraída
The lower court had wrongly treated loss of control as the basis for the simple violation, although that conduct supported only the grave violation under Art. 90 ch. 2 LCR. The dropped speeding allegation could not remain in the operative part.