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driving under the influence: homologation and calibration dell'etilometro

For the purposes of configurability of the crime of driving under the influence, the verbal the assessment carried out by breathalyzer must contain the certificate of the verification that the apparatus used for the alcoltests has been previously subjected to the prescribed and revised certificate and indispensable to the proper calibration. The burden of proof of the complete accomplishment of these activities on the charges levied, in accordance with the general principle that the prosecution must prove the facts constituting the offense (Cass. 38168/19).