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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70204
Experience:  Over 5 years in practice
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Is it actually the case that if ones licence is lost due to

Customer Question

Is it actually the case that if one's licence is lost due to drink driving in Italy, one can still drive in England, France and every other European country?? Please confirm, thank you
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is ***** ***** I will try to help with this.

-Could you explain your situation a little more?

Customer: replied 3 years ago.

My husband was involved in a very minor accident in Italy on Friday which meant he was breathalysed and was over the limit. There were no injuries and minor damage to one vehicle. The carabinieri have sequestered our vehicle and my Italian lawyer is waiting to hear various things from the procura in the next few days. The carabinieri have also confiscated his licence. I read on Safetravel.co.uk that even if convicted of drink driving in Italy, he WILL be able to drive in for instance the UK or France, only risking arrest if driving in italy. Is this the case? Please say yes!! Thank you


ps I understand of course we have to pay a fine and that after that we may get the car back - I need it URGENTLY! What is the position on that aspect of things??

Customer: replied 3 years ago.

Did you get my response?

Customer: replied 3 years ago.

I am concerned that I have not heard from you despite answering your request for further information and my follow up email

Expert:  Jo C. replied 3 years ago.
The reason you are experiencing delay is that you keep posting before I have responded which pushes the question to the back of my list.
Expert:  Jo C. replied 3 years ago.

At the moment, the UK does not have reciprocal arrangements with Italy to recognise each other's bans.

There are plans to extend out the arrangements throughout the whole of the EU but it hasn't happened yet.

In short, as long as he does not drive in Italy or any of their reciprocal countries there will be no restrictions. He will certainly be able to drive in the UK.

Can I clarify anything for you?

Jo
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you for your answer, could you please clarify what you mean by 'reciprocal country'? I need to know whether he can drive in France, Belgium, Luxembourg, Germany, Switzerland and Austria. Thank you

Expert:  Jo C. replied 3 years ago.
In the UK we have recripocal arrangements with Northern Ireland but nowhere else in the EU yet. There is a plan to extend it throughout the EU but it hasnt happened yet.

I only practice in the UK so I can't say for certain what other EU countries do but since there is no recripocal arrangement with the UK there is very unlikely to be one with any other mature democracy.
Customer: replied 3 years ago.


Is there no way we can ascertain the reciprocity of Italy to those countries?? It is quite important considering we have to drive through them to get to Italy and I don't want to drive any more than I HAVE to (i.e. i Italy)!!

Expert:  Jo C. replied 3 years ago.

Only categorically from an Italian practitioner.

I can tell you that he is free to drive in the UK despite the bans of foreign courts save for Nothern Ireland and the channel islands.

But you would need to drive him in Italy obviously.