Crimes against road safety

1. Whoever drives a motor vehicle or a moped at a speed of sixty kilometers per hour in urban roads or eighty kilometers per hour in interurban roads in excess of that allowed by law, shall be punished with a prison sentence of three to six months or with a fine of six to twelve months or with community service of thirty-one to ninety days, and, in any case, with the deprivation of the right to drive motor vehicles and mopeds for a term of more than one and up to four years.

2. The same penalties shall apply to anyone who drives a motor vehicle or moped under the influence of toxic drugs, narcotics, psychotropic substances or alcoholic beverages. In any case, the person who drives with a rate of alcohol in exhaled air higher than 0.60 milligrams per liter or with a rate of alcohol in blood higher than 1.2 grams per liter shall be sentenced to the same penalties.

1. Whoever drives a motor vehicle or a moped with manifest recklessness and endangers the life or integrity of persons shall be punished with imprisonment from six months to two years and deprivation of the right to drive motor vehicles and mopeds for a term of more than one and up to six years.

   For the purposes of this provision, driving in which the circumstances set forth in the first paragraph and in the second clause of the second paragraph of the preceding Article are present shall be deemed to be manifestly reckless.

1. Whoever, with manifest disregard for the lives of others, engages in the conduct described in the preceding article, shall be punished with imprisonment of two to five years, a fine of twelve to twenty-four months and deprivation of the right to drive motor vehicles and mopeds for a period of six to ten years.

   When the life or integrity of persons has not been specifically endangered, the penalties shall be imprisonment of one to two years, a fine of six to twelve months and deprivation of the right to drive motor vehicles and mopeds for the time provided for in the preceding paragraph.

The driver of a motor vehicle or moped who, outside the cases contemplated in Article 195, voluntarily and without risk to himself or others, leaves the scene of the accident after causing an accident in which one or more persons are killed or in which any of the injuries referred to in Articles 147.1, 149 and 150 are caused, shall be punished as the perpetrator of the crime of leaving the scene of the accident.The facts contemplated in this article that have their origin in a reckless action of the driver shall be punished with imprisonment from six months to four years and deprivation of the right to drive motor vehicles and mopeds from one to four years.

If the origin of the facts giving rise to the abandonment was fortuitous, he shall be sentenced to three to six months’ imprisonment and deprivation of the right to drive motor vehicles and mopeds for six months to two years.

The driver who, when requested by an officer of the authority, refuses to submit to the legally established tests for the verification of the rates of alcohol and the presence of toxic drugs, narcotics and psychotropic substances referred to in the preceding articles, shall be punished with imprisonment of six months to one year and deprivation of the right to drive motor vehicles and mopeds for a period exceeding one and up to four years.

Whoever drives a motor vehicle or moped in cases of loss of validity of the permit or license due to total loss of the legally assigned points, shall be punished with a prison sentence of three to six months or with a fine of twelve to twenty-four months or with community service of thirty-one to ninety days.

The same penalty shall be imposed on anyone who drives a motor vehicle or moped after having been temporarily or definitively deprived of a driving license or permit by a court decision, and on anyone who drives a motor vehicle or moped without ever having obtained a driving license or permit.

Whoever causes a serious risk to traffic in any of the following ways shall be punished with imprisonment from six months to two years or with a fine from twelve to twenty-four months and community service from ten to forty days:

• Placing unforeseeable obstacles on the road, spilling slippery or flammable substances or mutating, removing or annulling the signage or by any other means.
• Not restoring the safety of the road, when there is an obligation to do so.