Today I want to focus on Article. 116 of the Highway Code, which punishes driving without a license.
The driving without a license is a crime punished by a fine of € 2257, oo to € 9032.00; the jurisdiction of the Court is in single judge.
The two-year relapse results in the arrest sentence of up to 1 year.
analyzing cases of driving without a license.
One commits the offense of driving without a license if:
- driver's license was never obtained;
- the license has been revoked by order of Prefect (or UMCE)
- the license was not renewed due to lack of precritti requirements as a result of medical examination.
If the conditions are fulfilled we proceed to the seizure of the vehicle pursuant to art. 321 cpp
There shall be no seizure if the vehicle can be assigned to another suitable person, readily available, as may be specified by the offender, out of which all the costs.
If the vehicle belongs to a person unconnected with the fraud, the means he is immediately returned.
If the driver claims not to have at the moment with him the license, apply lart. 180, paragraph 7 of Security Council with The call for the document to a Police Station within 30 days.
Failure to meet the deadline (30 days) is in dispute art. 180, paragraph 8 and, if it is found the effective absence of the license, also art. 116.
The penalty for driving with a revoked license applies only if the revocation has been notified to the party.
Article. 116 applies even if the driver's license in possession is false, in which case the offense of driving without a license are competing with those provided for in Articles 482 or 489 CP
In the case of driving a moped without having obtained a certificate of and fitness to drive without license holder , the document of the vehicle is held by Agent detection and proceed to the motorcycle impounded for 60 days with expectations for a caretaker who will keep him at a Depositeria.
If the license is only valid expired (art. 126 SC) is provided for the disqualification which will be sent all'UTG responsible. In the latter case is provided for only an administrative penalty (reduced payment € 148.00).
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