Alcoltest, sospensione della patente: come funziona? Come fare per andare a lavoro?

Alcoltest, sospensione della patente: come funziona? Come fare per andare a lavoro?

utile panoramica dell'avvocato Corinna Fabbri su una tematica delicata

2004
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La guida sotto l’influenza dell’alcool è disciplinata dall’ART.186 CODICE della STRADA. La norma prevede il divieto di guida in stato di ebbrezza, la cui violazione comporta, dal punto di vista amministrativo, la sanzione della sospensione della patente.

Tuttavia, l’art.186 CdS delinea TRE DIFFERENTI ILLECITI, di diversa gravità e natura, a seconda del tasso alcoolemico riscontrato in capo al guidatore. Invero, l’art. 186, comma 2, lett. a) prevede che, in caso di  tasso tra 0,5 e 0,8 gr/l, si applichi la sospensione della patente da tre a sei mesi, la lett. b) sancisce che, nell’ipotesi di tasso tra 0,8 e 1,5 gr/l, vi sia una sospensione da sei mesi ad un anno ed infine, la lett. c) descrive il caso di tasso alcoolemico superiore a 1,5 gr/l, per il quale si dispone la sospensione della licenza da uno a due anni.

 

COME FUNZIONA LA SOSPENSIONE DELLA PATENTE?

La sospensione della patente è disposta dal Prefetto del luogo della commessa violazione, tramite ordinanza, dopo aver ricevuto gli atti dall’organo che ha accertato l’infrazione. L’ordinanza sospensiva indica il periodo di applicazione della sanzione, determinato in relazione all’entità del danno, alla gravità della violazione commessa, nonché al pericolo che l’ulteriore circolazione potrebbe cagionare, nel rispetto dei limiti previsti dalle disposizioni del CdS. 

 

PATENTE SOSPESA…COME SI PUO’ FARE AD ANDARE A LAVORO?

L’art. 218, comma 2 CdS afferma che il conducente a cui è stata sospesa la patente, nel solo caso in cui dalla commessa violazione non sia derivato un incidente, può presentare istanza al Prefetto per ottenere un permesso di guida, per determinate fasce orarie, che non possono superare le tre ore al giorno, adeguatamente motivato e documentato, per motivi di lavoro, qualora risulti impossibile o estremamente gravoso raggiungere il posto di lavoro con mezzi pubblici o comunque non propri.

Tuttavia, se l’istanza viene accolta il periodo di sospensione aumenta di un numero di giorni pari al doppio delle complessive ore per le quali è stata autorizzata la guida, arrotondato per eccesso (es. sospensione per tre mesi, fasce orarie concesse per 5 ore settimanali per un mese, quindi 20 ore in un mese, aumento della sospensione di 40 giorni).

In conclusione, nel SOLO CASO di violazione dell’art. 186, comma 2, lett. a), cioè guida in stato di ebbrezza alcoolica con tasso tra 0,5 e 0,8 gr/l, in ASSENZA di INCIDENTE STRADALE e trattandosi di illecito amministrativo, il conducente ha diritto di chiedere al Prefetto un permesso di guida, per tre ore giornaliere, al fine di recarsi al lavoro o per agevolazioni legate alla disabilità. In cambio di tale concessione, il periodo di sospensione è aumentato. 

COME SI CHIEDE IL PERMESSO DI GUIDA PER FASCE ORARIE? 

Entro cinque giorni dal ritiro della patente, si presenta al Prefetto, solitamente attraverso l’ausilio di un legale, l’istanza di concessione delle fasce orarie – a mezzo pec, raccomandata A/R oppure a mani presso l’ufficio. 

La richiesta deve contenere una precisa indicazione dei giorni e delle fasce orarie per le quali si richiede il permesso a guidare, includendo, come allegati, l’autocertificazione dello stato di famiglia del richiedente, nonché, per i lavoratori dipendenti, l’attestazione del datore di lavoro inerente l’attività lavorativa svolta e gli orari di servizio, mentre, per i lavoratori autonomi, l’autocertificazione circa l’attività lavorativa svolta corredata da visura camerale e partita iva. Infine, si allega la documentazione idonea a comprovare l’impossibilità di avvalersi del trasporto pubblico per compiere il percorso dal proprio domicilio alla sede lavorativa.

Occorre ricordare che, nel periodo di attesa di risposta da parte della Prefettura o in caso di mancata concessione della licenza per fasce orarie, il soggetto non può rimettersi alla guida, altrimenti incorrendo nella sanzione accessoria della revoca della patente. 

 

COSA SUCCEDE SE LA VIOLAZIONE CONTESTATA RIENTRA NELLE IPOTESI PIÙ GRAVI – ART. 186, COMMA 2, LETT. B) E C)? 

Le lettere b) e c), a differenza della lett. a) che è la sola a disciplinare un illecito amministrativo, delineano violazioni di natura penale, di fronte alle quali è preclusa al soggetto la possibilità di ottenere una deroga alla sanzione della sospensione.

 

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