Legal Defense in Road Traffic Offenses in Milan

Receiving a notification of suspension or, in more serious cases, revocation of your driving license represents a moment of great stress and concern. The possibility of losing the right to drive not only affects personal freedom but often compromises one's work and family life. When the measure arises from a road traffic offense, such as driving under the influence of alcohol or drugs, or following accidents involving injuries or vehicular homicide, it is crucial to understand that you are facing a dual problem: administrative and criminal. As a criminal lawyer practicing in Milan, the primary objective is to protect the client in both capacities, analyzing every detail to mitigate the punitive consequences.

The Regulatory Framework: Between the Highway Code and the Criminal Code

Italian legislation on road traffic has become increasingly stringent in recent years, with the introduction of specific criminal offenses. The most common violations leading to license sanctions concern Articles 186 (driving under the influence of alcohol) and 187 (driving in a state of psycho-physical alteration due to the use of narcotic substances) of the Highway Code. In these cases, in addition to the fine and arrest provided for by the criminal code, the accessory administrative sanction of license suspension is applied for a period that varies based on the severity of the blood alcohol level or the confirmed impairment. A far more complex situation arises in cases of vehicular homicide or serious or very serious road injuries, where the law provides for severe custodial sentences and license revocation, preventing the obtainment of a new driving license for several years. It is essential to distinguish between the precautionary phase, managed by the Prefect, and the actual criminal trial phase, where the driver's responsibility is determined.

Studio Legale Bianucci's Approach to Criminal Defense

Avv. Marco Bianucci, an expert lawyer in criminal law in Milan, handles road traffic offense cases with an analytical and strategic approach, aimed at identifying any possible procedural or substantive flaws. The defense is not limited to simply accepting the measure but begins with a thorough examination of the citation report and the methods used for testing (breathalyzer or toxicological tests). Often, in fact, the failure to observe specific protocols, such as not informing the individual of their right to legal assistance during urgent testing, can lead to the nullity of the act and, consequently, a favorable outcome for the client.

Avv. Marco Bianucci's defense strategy also carefully evaluates the legal remedial measures provided by law, such as the substitution of custodial and pecuniary penalties with community service. This option, where applicable (for example, in the absence of caused road accidents), represents a fundamental tool: if carried out correctly, it leads to the extinction of the offense, a reduction of the license suspension period by half, and the revocation of vehicle confiscation. Each case is handled with the utmost attention, personalizing the strategy based on the client's specific needs and the peculiarities of the alleged offense.

Frequently Asked Questions

How long is the license suspension for drunk driving?

The duration of the suspension varies based on the blood alcohol level found. For a level between 0.5 and 0.8 g/l, the suspension ranges from 3 to 6 months; between 0.8 and 1.5 g/l, it ranges from 6 months to one year; above 1.5 g/l, the suspension ranges from one to two years. If the vehicle does not belong to the driver, the suspension period is doubled. It is important to consult a criminal lawyer to evaluate specific aggravating or mitigating circumstances.

Can I drive for work reasons during the suspension period?

In some specific cases, it is possible to apply to the Prefect for a driving permit limited to predetermined time slots (maximum three hours per day) for documented work reasons, if it is impossible to reach the workplace by public transport. However, this request entails an extension of the overall suspension period. Avv. Marco Bianucci can assess whether the requirements are met to proceed with such an application.

What is the difference between license suspension and revocation?

Suspension is a temporary measure that prohibits driving for a specific period, after which the license is returned (after passing medical examinations at the Local Medical Commission). Revocation, on the other hand, is the definitive cancellation of the driving document: the individual loses their status as a driver and, to drive again, must wait for the legal terms (often years) to retake the exams and obtain a new license.

What happens if I cause an accident while drunk?

If it is ascertained that a driver under the influence of alcohol (with a blood alcohol level above 1.5 g/l) has caused a road accident, the penalties are doubled, and the vehicle is administratively impounded for 180 days, unless the vehicle belongs to a person unrelated to the offense. Furthermore, in the event of an accident, it is not possible to benefit from community service, making technical defense even more crucial for containing criminal and administrative damages.

Request a Legal Consultation in Milan

If your license is at risk or you have been accused of a road traffic offense, time is a critical factor. Do not face the complexities of criminal and administrative proceedings alone. Avv. Marco Bianucci is available at his office in Milan, located at Via Alberto da Giussano 26, to analyze your case and prepare the best defense strategy. Contact the lawyer today to protect your rights and your mobility.