Challenging Article 187 of the Highway Code

Receiving a citation for driving under the influence of narcotic substances is a moment of great stress and concern. The fear of license suspension, vehicle seizure, and repercussions on one's criminal record is entirely understandable. As a criminal lawyer in Milan, Avv. Marco Bianucci deeply understands the impact that criminal proceedings of this nature can have on a client's professional and personal life. It is crucial to know that a positive result on preliminary tests does not automatically equate to a definitive conviction, and that the right to defense offers specific tools to protect one's position.

The Legal Framework: Offense and Penalties

Article 187 of the Highway Code punishes anyone who drives in a state of psycho-physical impairment after consuming narcotic or psychotropic substances. Italian legislation is particularly strict on this point, classifying the conduct not as a simple administrative offense, but as a genuine crime. The penalties are severe and include a fine from 1,500 to 6,000 euros and imprisonment from six months to one year. In addition to these principal penalties, there is the accessory administrative sanction of license suspension from one to two years. Furthermore, if the vehicle belongs to the person who committed the offense, mandatory confiscation of the vehicle is provided, unless it belongs to a person unrelated to the offense. It is important to highlight the legal distinction between mere substance consumption and the actual state of impairment while driving, a point on which jurisprudence has placed significant emphasis for defense.

The Bianucci Law Firm's Approach to Criminal Defense

The approach of Avv. Marco Bianucci, an expert lawyer in criminal law and traffic offenses, is based on a technical and rigorous analysis of the case file. In cases of citation under art. 187 C.d.S., the defense strategy is not limited to the bureaucratic management of the proceedings but delves into the scientific and procedural merits of the assessment. The Bianucci Law Firm meticulously verifies the correctness of the procedures adopted by law enforcement and healthcare facilities during the collection of biological samples. Often, in fact, a positive toxicology result indicates past consumption, which may date back several days, but does not necessarily prove the state of impairment at the time of driving, an essential element for the existence of the offense. The goal is to examine every detail, from the chain of custody of the samples to the validity of the equipment used, to build a solid defense line aimed at acquittal or maximum mitigation of penalties, also considering access to public utility work for the extinction of the offense and the revocation of confiscation.

Frequently Asked Questions

Is being positive on the test enough for a conviction?

Not necessarily. The Court of Cassation has repeatedly stated that the mere presence of traces of narcotic substances in the blood (which only proves past consumption) is not sufficient to constitute the offense; it is necessary to demonstrate the actual state of psycho-physical impairment at the time of driving. An experienced criminal lawyer will work precisely to verify whether such impairment was correctly ascertained or if there are grounds to contest the charge.

What happens to my license and my vehicle?

As a precautionary measure, the license is immediately withdrawn, and the Prefect orders a provisional suspension. If the vehicle belongs to the driver, it is subjected to preventive seizure for confiscation. However, through timely defense, it is possible to oppose precautionary measures or request, during the proceedings, the substitution of custodial and pecuniary penalties with public utility work, which, if successfully completed, allows for the avoidance of vehicle confiscation and halves the license suspension period.

Are public utility works always granted?

Public utility works represent a very advantageous remedial measure in these cases, as they lead to the extinction of the offense. However, they are not an automatic right and cannot be granted if the defendant caused a road accident or has already benefited from them previously. Avv. Marco Bianucci will assess the fulfillment of the requirements in the specific case to submit the request in the correct manner and within the correct timeframe.

What is the difference between art. 186 (alcohol) and art. 187 (drugs)?

While for alcohol (art. 186) there are different severity levels based on blood alcohol content, for narcotics (art. 187) there are no thresholds: the offense is unique and is triggered by impairment from substances, regardless of the detected quantity. The assessment procedures are different and, for art. 187, almost always require assessment at healthcare facilities, making the verification of compliance with medical and legal protocols crucial.

Request a Legal Consultation in Milan

Facing criminal proceedings for driving under the influence of narcotics requires expertise and promptness. If you have been cited under Article 187 C.d.S., do not let the situation escalate uncontrolled. Contact Avv. Marco Bianucci at the Milan office at Via Alberto da Giussano, 26. Through an initial consultation, it will be possible to analyze the citation, evaluate the most appropriate defense strategy, and protect your rights and your license.