Rome · Madrid · Rimini
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Criminal and administrative defence in road-traffic offences: from driving under the influence to vehicular homicide, including appeals against licence suspension.
We assist the client at every stage of the proceedings, from service of the police report to the criminal trial, including the administrative procedures for reinstating the driving licence.
Defence in proceedings under art. 186 C.d.S., with a careful analysis of the thresholds of criminal relevance (above 0.8 g/l) and of the aggravating circumstances for a level exceeding 1.5 g/l. We assess the procedures followed for the breathalyser test, compliance with calibration protocols and the options for conversion into community service work.
Assistance in proceedings under art. 187 C.d.S., with particular attention to the actual impairment at the time of the act — not to mere prior use — and to the technical assessment of toxicological tests, which are frequently challenged on evidentiary grounds.
Defence in proceedings for vehicular homicide under art. 589-bis c.p., handling the aggravated cases linked to intoxication, narcotic substances, excessive speed or particularly dangerous conduct. Coordination with accident-reconstruction and forensic-medical expert reports.
Assistance in proceedings under art. 590-bis c.p. for serious or very serious injuries caused by breach of traffic rules. Assessment of the duration of the illness, of aggravating circumstances and of the options for resolution through alternative procedures or judicial probation.
Defence in proceedings under art. 189 C.d.S. for leaving the scene of an accident and for failure to assist injured persons. We verify the existence of the subjective element and the timeliness of any remedial conduct.
Assistance in proceedings for refusal to undergo breath-alcohol or toxicological testing — an offence punished with a penalty equivalent to that of the most serious form of driving under the influence. We assess the lawfulness of the request and any defensible justifications.
Defence in proceedings for driving without a licence or with a suspended or revoked licence, with particular attention to the distinction between administrative and criminal offence and to repeat offending, which entails significant aggravation of the penalties.
Assistance in cases of criminally relevant excessive speed and in proceedings for unauthorised speed races (art. 9-ter C.d.S.), with analysis of the detection instruments, their type-approval and the verification protocols.
Defence and civil-party representation in proceedings for road accidents, with reconstruction of the dynamics of the event through accident-reconstruction expert reports, analysis of vehicle data and assessment of concurrent liabilities.
Preparation of administrative appeals against the precautionary licence suspension ordered by the Prefect and challenges to prefectural measures before the Justice of the Peace, within the strict time limits laid down by the Italian Road Code.
Filing of applications for a driving permit derogating from the suspension, where the licence is indispensable for work activity, documenting the applicant's specific professional and family needs.
Assistance with licence review procedures before the Local Medical Board, applications for reinstatement and procedures for the return of the licence following revocation, coordinating medical documentation and legal aspects.
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