The current regulation in the Spanish Penal Code regarding crimes against road safety contemplates, after the modifications introduced by LO 15/2007, of November 30; and LO 5/2010 of June 22, the following crimes:
- Driving at noticeably excessive speed.
- Driving under the influence of toxic drugs, narcotics, psychotropic substances or alcohol.
- Reckless driving and reckless driving with manifest disregard for the lives of others.
- Refusal to submit to breath tests or the presence of other drugs.
- Driving without a license due to loss of validity, judicial deprivation or failure to obtain it.
- Creation of serious risk for circulation.
These types of crimes are included in the framework of crimes against collective safety, since in this case, the protected legal asset is road safety, but limited to any act that violates road safety regulations.
This protected legal asset has a general aspect, aimed at protecting the life and health of people in the field of circulation in general; and a specific aspect, through the enumeration of the specific behaviors that imply a risk to the safety of the people who may be directly affected by these acts.
- Driving at noticeably excessive speed
Regulated in Art. 379.1 of the Penal Code, it consists of driving at a speed greater than 60 kilometers per hour on urban roads or 80 kilometers per hour on interurban roads than is permitted by regulation.
It is a crime of abstract danger, so the mere act of driving at this speed is considered to be a danger in itself, without it being necessary to demonstrate the causality of the danger to other people.
The penalties derived from this crime are:
- Prison from 3 to 6 months or a fine from 6 to 12 months or work for the benefit of the community from 31 to 90 days.
- And, in any case, deprivation of the right to drive from one year and one day to four years.
- Driving under the influence of toxic drugs, narcotics, psychotropic substances or alcohol.
According to art. 379.2 of the Penal Code, driving under the influence of alcohol constitutes a crime when the alcohol level in expired air is greater than 0.6 milligrams per liter or with a blood alcohol level greater than 1.2 grams per liter, which will derive in a speedy trial for breathalyzer.
Below these limits (and exceeding the maximum allowed rate) constitutes an administrative offense without criminal consequences, unless it is shown that the consumption of alcohol has influenced the ability to drive.
Regarding the consumption of narcotic substances, it is understood any substance that, introduced into the body, negatively affects the physical or mental capacities of the human being and, in particular, the ability to drive. Here it will be necessary to determine the influence generated in said capacity, taking into account the risk produced as a result of the ingestion of these substances, which will be understood within the framework of the criminal offense when this driving capacity is altered in such a way that the risk inherent to this activity is see increased above what is tolerable.
The penalties derived from this crime, as in the case of speeding, are:
- Prison from 3 to 6 months or a fine from 6 to 12 months or work for the benefit of the community from 31 to 90 days.
- And, in any case, deprivation of the right to drive from one year and one day to four years.
- Reckless driving.
Regulated in articles 380 and 381, they establish the type of reckless driving, differentiating in each one if a harmful result occurs.
According to article 380, driving with manifest recklessness implies a clear and serious infringement of the rules of the road that results in a concrete danger for people, for example driving at excessive speed (exceeding the speed of the road by more than 60km / h ) or under the influence of alcohol or narcotics when the level of alcohol in expired air is greater than 0.6 milligrams per liter or with a level of alcohol in blood greater than 1.2 grams per liter.
In article 381 it is the same as in article 380 (driving with manifest recklessness).
But in this case, and taking into account the result, here both the existence of the result of concrete danger to life or health (as in 380) and its non-existence are foreseen, which gives rise to an attenuated subtype of abstract danger.
Therefore, the difference with respect to article 380 lies in the subjective plane, so that in addition to the intent of danger, it is claimed “manifest contempt for the lives of others”, which supposes eventual fraud with respect to the harmful result that could be caused by the act of reckless driving.
The penalties for these crimes are imprisonment from six months to two years and deprivation of the right to drive motor vehicles and mopeds for a time greater than one and up to six years.
- Refusal to submit to breath tests or the presence of other drugs.
Regulated in article 383, it implies refusing to carry out a breathalyzer control or not submitting to the legally established tests to verify the influence on driving of the substances indicated in article 379.
For this type of criminal offense to exist, the performance of the test must be motivated by the existence of indications of an offense or of driving under the influence of alcohol. Therefore, it excludes random checks without the existence of these indications, constituting in this case an administrative offense.
The penalties provided for this type involve imprisonment from six months to one year and deprivation of the right to drive from one year and one day to four years.
- Driving without a license due to loss of validity, judicial deprivation or failure to obtain it.
The conduct indicated in this criminal type regulated in article 384 consists of driving a motor vehicle or moped in the cases of:
- Loss of validity of the permit or license due to total loss of the assigned points.
- Precautionary or definitive deprivation of the permit or license by judicial decision.
- Failure to obtain the permit or license (without ever having obtained it).
The penalties provided for this crime are imprisonment for three to six months or a fine of twelve to twenty-four months, or work for the benefit of the community from thirty-one to ninety days.
- Creation of serious risk to circulation
According to article 385, altering road safety by any means (placing obstacles on the road, spilling slippery or flammable substances, removing or canceling the signs …) or not restoring road safety, when there is an obligation to do so, once altered (commission by omission), causing a serious risk to traffic, constitute the typical actions of this crime.
It carries prison sentences of six months to two years or a fine of twelve to twenty-four months and work for the benefit of the community from ten to forty days.
At Guerra Bermúdez Abogados we have specialists in all types of crimes against traffic safety thanks to our years of experience and our numerous cases won. Whether you are accused of a crime against road safety or if you have suffered a crime of this type, the experienced team of lawyers at our firm can offer you an adequate defense in order to see justice done.
CONSULT US , and an expert lawyer, with years of experience, will help and advise you in your case and will be at your disposal to bring your accusation or defense. Therefore, do not hesitate to contact us and ask us about your problem and a lawyer will assist you in our offices in Madrid. Or call us at 91 308 86 41 .