Questão jurídica principal
Whether the driver's conduct constituted a gross traffic rule violation under Art. 90 No. 2 SVG.
Decisão extraída
Yes. The driver objectively and subjectively committed a gross traffic violation by approaching a pedestrian crossing unbraked and without yielding where a pedestrian was to be expected.
Fundamentação extraída
Art. 33(2) SVG imposes heightened caution before pedestrian crossings. The stopped police vehicle and the driver's own ability to stop showed an increased abstract danger. Subjectively, an experienced local driver had to foresee a pedestrian and slow down; proceeding unbraked was grossly negligent.