driving under the influence of alcohol and confiscation of the vehicle I hope to please all visitors of my site, talking about today of driving under the influence of alcohol. Recent legislative changes have created some confusion among road users, especially as regards the confiscation of the vehicle.
Before examining the various items in the Highway Code, I will make a great premise. The
CONFISCATION always ordered by the court, pursuant to art. 240 Criminal Code, with the sentence for the crime of driving under the influence of alcohol. The staff is established
(State Police, DC, Police Station etc).
never proceeds to the seizure but, in the circumstances, can proceed with the seizure of the vehicle pursuant to art. Cpp 321.
examine the testo dell'art. 186 Codice della Strada nella recente ultima modifica.
Art. 186. Guida sotto l'influenza dell'alcool
1. E' vietato guidare in stato di ebbrezza in conseguenza dell'uso di bevande alcoliche.
2. Chiunque guida in stato di ebbrezza è punito, ove il fatto non costituisca più grave reato:
a) con l'ammenda da euro 500 a euro 2.000, qualora sia stato accertato un valore corrispondente ad un tasso alcolemico superiore a 0,5 e non superiore a 0,8 grammi per litro (g/l). All'accertamento del reato consegue la sanzione amministrativa accessoria della sospensione della patente di guida da tre a sei mesi;
b) a fine of between € 800 to € 3,200 and the arrest of three months to one year, if it is established a value corresponding to untasso alcohol concentration greater than 0.8 and not more than 1.5 grams per liter (g / l). Follows the investigation of the crime in any case, the sanction of suspension of license for six months to one year;
c) by a fine of € 1,500 to € 6,000, the arrest of three months to one year, if it is established a value corresponds to a BAC greater than 1.5 grams per liter grams per liter). Follows the investigation of the crime in any case, the sanction of suspension of driving license for a a due anni.
La patente di guida è sempre revocata, ai sensi del capo I, sezione II, del titolo VI, quando il reato è commesso dal conducente di un autobus o di un veicolo di massa complessiva a pieno carico superiore a 3,5t. o di complessi di veicoli, ovvero in caso di recidiva nel biennio.
Ai fini del ritiro della patente si applicano le disposizioni dell'articolo 223.
Con la sentenza di condanna ovvero di applicazione della pena a richiesta delle parti, anche se e' stata applicata la sospensione condizionale della pena, e' sempre disposta la confisca del veicolo con il quale e' stato commesso il reato ai sensi dell'articolo 240, secondo comma, del codice penale, salvo che il veicolo stesso appartenga a person not involved in crime. The vehicle may be subject to seizure in the charge to the offender, unless it appears that has previously committed other violations of the provision referred to in this letter. The procedure described in the two previous periods also applies in the case referred to in paragraph 2-bis.
2-bis. If the driver under the influence causes an accident, the penalties referred to in paragraph 2 shall be doubled and, except as provided by the letter c) of said paragraph 2, and 'ordered the vehicle impounded for ninety days under Chapter I, Section II, Title VI, unless the vehicle belongs to a person not involved in crime. E 'except in any case, the application the sanctions provided for in Articles 222 and 223
2-ter. Jurisdiction over crimes referred to in this article is the single judge in court.
2-c. The provisions relating to sanctions provided for in paragraphs 2 and 2-bis shall also apply in case of application dellapena at the request of the parties.
2-d. Unless the seizure pursuant to paragraph 2, the vehicle, if it can not be driven by other suitable person can 'be done to the place indicated by the transport or to the more' left-over garage and close to owner or operator of it with the normal guarantees for safekeeping. The costs for recovery and transport are paid by the offender.
3. In order to acquire useful information to justify the requirement of submission to the investigation referred to in paragraph 4, the police and road referred to in Article 12, paragraphs 1 and 2, according to the guidelines provided by the Ministry of the Interior, in accordance with of personal privacy and without injury to the physical integrity, may subject drivers to qualitative assessments or non-invasive tests, including through mobile devices.
4. When the qualitative findings described in paragraph 3 were positive in all cases of accident or if you otherwise have reason to believe that the driver the vehicle is in a state of mental and physical deterioration resulting from the influence of alcohol, the police and road referred to in Article 12, paragraphs 1 and 2, even accompanying him to the nearest office or command, have the right to make the 'assessment tools and procedures defined in the rules
5. For drivers involved in road accidents and subjected to medical treatment, the establishment of the BAC is made at the request of law enforcement agencies and road referred to in Article 12, paragraphs 1 and 2, on the part of primary health care facilities or those credited for such purposes or otherwise treated. The health care issue to the police on the road certification extended to the prognosis of lesions detected, ensuring that the confidentiality of data in accordance with current legislation. The funds required for carrying out the investigations referred to in this paragraph are found within the funds allocated to national road safety plan referred to in Article 32 of Law 17 May 1999, No 144. The provisions of subparagraph of Article 5-bis. 187.
6. If the finding referred to in paragraphs 4 and 5 show a value corresponding to a blood alcohol concentration greater than 0.5 grams per liter (g / l), the person is considered intoxicated for the purposes of applying the sanctions referred to in paragraph 2.
7. Unless the act constitutes more serious crime, in case of rejection of the certification referred to in paragraphs 3, 4 or 5, the driver and 'punished with the penalties referred to in paragraph 2, letter c). The sentence for the offense in the period before involves the sanction of suspension of driving license for a period of six months to two years and the confiscation of the vehicle with the same terms and procedures set out in paragraph 2, letter c), unless the vehicle belongs to a person unrelated to the violation . By the order with which it is willing to license suspension, the chief orders the driver to undergo a medical examination under the provisions of paragraph 8. If the act 'committed by individuals who are already' sentenced in the two previous years for the same Crime is always willing to sanction of revocation of the license under Chapter I, Section II of Title VI.
8. By the order by which he is willing to license suspension under paragraphs 2 and 2-bis (2c), the prefect ordered the driver to undergo a medical examination under Article 119, paragraph 4, which must be within sixty days. If the driver there to submit by the deadline, the Prefect may, as a precautionary measure, the suspension of the license until the outcome of the medical examination.
9.Qualora the finding referred to in paragraphs 4 and 5 show a value corresponding to a blood-alcohol rate more than 1.5 grams per liter, subject to the penalties set out in paragraphs 2 and 2-bis, the prefect, as a precautionary measure, has the license suspension until the outcome of the medical examination referred to in paragraph 8
we come to practical examples.
If I am stopped for driving a vehicle ( vehicle, motorcycle, moped ) and is a alcohol level exceeding 1.5 grams per liter , my driver's license is immediately withdrawn supervisors, body, Office will send the Local Government jurisdiction.
The staff is established
can proceed with the seizure of the vehicle (aimed at the confiscation) art. 321 cpp when there is a danger that the free availability of the vehicle can exacerbate or prolong the effects of the crime or facilitate the commission of other crimes and provided that the vehicle belongs to a person unrelated to the violation.
If the car is registered to the father (see the registration certificate) and his son is found to be driving with a BAC greater than 1.5, you can not proceed with the seizure (the car belongs to a stranger offense), but if the father is in the car with her son who is not stranger to the crime and therefore you may also submit to the seizure.
The seizure is still a last resort.
it is used when there is danger of a new commission of the offense.
The law wants to prevent the owner stranger to the crime is affected by the seizure of the vehicle.
In our example, the father of the vehicle owner, who uses it every day for work, he would have seized the vehicle without guilt, just because he served a Saturday night car to his son.
seuqestro If nothing is undertaken to estimate the car can be driven by other suitable person.
Example: A friend who is in the car della persona fermata in stato di ebbrezza. Sempre che l'amico sia persona idonea e cioè non si trovi anch'egli in stato di ebbrezza.
Se il veicolo non può essere guidato da persona idonea e non si procede al sequestro, viene fatto trasportare fino al luogo indicato dall'interessato o fino alla piu' vicina autorimessa e lasciato in consegna al proprietario o al gestore di essa con le normali garanzie per la custodia. Le spese per il recupero ed il trasporto sono interamente a carico del trasgressore ( in questo caso non si tratta di sequestro. Il veicolo può essere ritirato in qualsiasi momento da persona idonea. Logicamente non può essere ritirato dal conducente sorpreso in stato di ebbrezza, al quale è stata ritirata la patente di guida).
If I am stopped for driving a vehicle and I have a rate less than 1.5 grams per liter distinction must be made according to the lead vehicle (car, motorcycle, moped).
For motor vehicles can not proceed to the seizure prior art. 321 cpp
The car, therefore, is conducted by or suitable person is made to the place indicated by the transport or to the nearest garage and left it over to the owner or operator of it.
for motorcycles and mopeds, if I am stopped at a rate less than 1.5 grams per liter, there shall be an administrative seizure of the vehicle pursuant to art. 213 paragraph 2 d and e of the Highway Code.
course, in all cases of driving while his license is withdrawn ebbrtezza (NB certtificato the technical suitability for driving mopeds - cd-license is not a license and therefore does not proceed to withdraw ).
If you proceed to the seizure of the vehicle is also withdrawn the registration certificate.
Finally, if the driver of the vehicle refuses to submit to inspections breathalyzer, is considered by operation of law with a BAC greater than 1.5 grams per liter and is carried out under art. 186 paragraph 2 letter. c.
I hope I was clear.
For any questions leave a comment to this post.
I'll try to answer them all.