Key legal question
Whether the indictment principle and right to be heard were violated by the appellate court's reasoning on the lack of space and need to wait or sound the horn.
Extracted holding
No. The accused was sufficiently informed of the factual accusation, and the appellate court's legal concretization was not unexpectedly beyond the case; no prior hearing was required.
Extracted reasoning
The transmission order precisely described the conduct; the defense knew the allegation was unsafe passing with insufficient space. Art. 29(2) BV does not create a general right to comment before the reasoning is issued, absent a genuinely surprising legal qualification.