Thursday, June 25, 2009

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driving under the influence of alcohol

The offense of driving under the influence of alcohol, provided Article and punished. 186 of the Highway Code (Driving under the influence of alcohol), as a result of changes to the standard art. 4 dl 23 May 2008 No 92 on "urgent measures relating to public safety." foresees, among the penalties, in addition to the suspension / revocation of driver's license, if it is established a value corresponds to a BAC greater than 1.5 grams per liter (g / l), the confiscation under Article 240, paragraph 2 of the Criminal Code, the vehicle with which the crime was committed, unless the vehicle belongs to a person unrelated to the crime and this is in case of conviction that application of the death at the request of the parties, even if the probation itself.
How easy to check the wording of the rule is mandatory confiscation: That is clear from the terminology used (always ready) is the pull of the second paragraph of art. 240 Criminal Code provides that, in fact, cases of mandatory confiscation.
Also the wording of the rule the Supreme Court ruled that he should infer that if one side is definitely ruled out the confiscation of a vehicle belonging to a third party to protect its property rights on the other hand do not permit the interpretation would prevent the confiscation in the case of vehicle cointestato the offender and a third ("... only in the case of full membership of the vehicle at the third irrebuttable presumption of dangerousness arising out of the vehicle may be attenuated, whereas in the case of joint, presumption itself remains intact).

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