Los Servicios de "Granda & Asociados"

Against Traffic Security

The person who drives a vehicle that uses a motor, or a motorbike, under the influence of toxic or stupefying drugs, psychotropic substances, or alcoholic beverages will be punished with a prison sentence from 3 to 6 months, or a fine of 6 to 12 months, and, depending the case, community service from 31 to 90 days, and, also depending the case prohibition of driving a motor vehicle or motorbikes for a time of 1 to 4 years.

Real Life Case

I was detained for drunk driving. They want to relieve me off my driver’s license and fine me, I don’t know if it’s too late to hire a criminal lawyer, the trial is due the 25th of May. Thank you.

There has been a proposition to change the formula used up until now of ‘’ driving under the influence of alcohol ‘’, to consider it a crime in any case until the amount of 1 gram of alcohol per liter in the blood, the double of the amount of the minimum allowed to drive vehicles.

To the person that recklessly drives a motor vehicle or motor bike with risk of endangering the lives or integrity of the people, will be punished with prison for 6 to 2 months, and will be relieved of its right to drive motor bikes or vehicles for a time from 1 to 6 years.

In any case it will be considered reckless driving with risk of endangering the lives and integrity of the people, in the case of driving under the influence of alcohol with high levels of alcohol in the blood and an excess in established speed limits.

Any excess of over 60 kilometers per hour over the limit allowed or if the lives and integrity of the people regardless alcohol consumption, concept which relates to the actual redaction of article 381.

This would consider then a crime to drive over 180 km/h on highways where the speed limit is usually around 120 km/ h or over 160 in conventional highways, or of 110 on urban streets.

Driving with a Suspended License

On the 1st of July a new driving system by points will begin. Reoffenders will lose their 12 point credit that the system gives to each driver, so they will have to remain without driving for 6 months and reexamine to obtain a new license. If they should continue driving eve after a removed license, and no measures are taken then the system will not be efficient.

An economic fine and 1 year without driving will be useless if you only sanction the reoffender, because we are up against people that can continue driving without a license.

"Other countries that have the same system have warned us that this is essential for the system to work" Navarro declared. To solve this problem several formulas may be applied. Like incorporating a specific article, giving a penal consideration to driving without a license because of removal or cancellation. For example, "To the one that drives a motor vehicle or motor bike having without a license because it was suspended or removed from the driver or because the driver’s points were exhausted, the sentence will be of..."

This situation is not about not obtaining the license but, it should be considered an aggravating factor in the commission of any crime in relation with traffic security.

Another possibility would be to typify disobedience against the authorities with the fact of driving with a cancelled or suspended license by loss of points by administrative resolution. Or, on a last instance, in case of a relapse it will be considered a crime, but it is necessary for a regulation the fact of driving with a cancelled or suspended license.

For the Observance of the Law regarding the Points System

Law 17/2005 of July 19th which regulates the Points System establishes in the 13th Additional Disposition: Administrative Effects in penal sentences that lead to the withdraw of the right to drive.

"The person entitled in the permit or license that has been condemned by firm sentence for the commission of a crime punished with privation of rights to drive a motor vehicle to drive again must prove passing the reeducation and driving awareness course referenced in the first paragraph of article 63.7."

To guarantee what the law dictates, Navarro has also proposed its incorporation to the Penal Code or that the formula is arbitrated to reach its fulfillment.

Classes:

1. Driving under influence of toxic drugs, psychotropic or stupefying substances, or alcoholic beverages

This happens when the driver of the motor vehicle or motor cycle does this under the influence of the elements listed above.

2. Negative to take a Breath Test

This happens when the driver asked by the agent of the authority, refuses to take any of the tests legally established to prove the states describes in the past article.

Requirements:

  • Requirement by the authority agent to take the tests, must be a clear order.
  • Negative of the driver to take such tests

It will be considered disobedience or refusal to comply with the authority when if asked to take the tests by the agent the driver refuses by escaping.

3. Reckless Driving

This happens when the driver of the motor cycle or vehicle does it in a reckless fashion, endangering the physical integrity and lives of the surrounding people.

4. Great Risk Creation for Circulation

There are 2 assumptions that originate great risk:

When the great risk originates altering security in traffic in form of placing on the road unpredictable objects, spilling slippery or flammable substances, altering or damaging road signals or done by any other way, not reestablishing security on the road, when obligation to do it exists.

5. Homicidal Driving

Criminal deception is a crime against property or patrimony.