Every case has its own unique circumstances and should be carefully evaluated with the assistance of a legal professional. However, some general guidelines can be provided.
As we saw in a previous article, the administrative and criminal proceedings arise from the same act but, at least initially, proceed separately. In particular, if law enforcement officers find evidence of one of the offenses we have described, they will immediately seize the driver’s license and, in more serious cases, seize the vehicle.
The license is then sent to the Prefecture, which issues an order imposing a provisional suspension. This measure can be challenged if, for example, there have been violations of the law: in this case, the competent judge may order the immediate return of the license.
It should be noted that the final administrative penalty is normally imposed by the judge at the end of the criminal trial (except in the case of a settlement through a probation order) and appeals against the initial administrative measures only concern the precautionary phase: it may therefore happen that the license is returned “intermittently” with an initial judicial order for return and a subsequent one, even years later, for suspension.
Concurrently, the criminal proceedings begin: the investigators must report the crime to the Public Prosecutor’s Office. The Public Prosecutor then exercises criminal action.