Traffic Offences and Driving Bans · Alicante · Madrid · All Spain
Criminal defence for international clients in Spain.
In Spain many driving matters are not fines but criminal offences carried before a criminal court, with a driving ban and a criminal record attached.
In brief. Drink driving, excessive speed, refusing the test and driving without a licence in Spain: penalties, defences and consequences abroad.
At a glance
Articles 379 to 385 ter of the Criminal Code turn a group of driving behaviours into criminal offences:
Where an accident with injuries results, articles 142 and 152 add reckless homicide or reckless injury, which changes the exposure completely.
These files look mechanical and frequently are not. In alcohol cases the points of attack include the calibration and periodic verification records of the breath testing device, compliance with the interval between the two readings, the margin of error applicable to the result, whether the officers documented signs of impairment independently of the reading, and whether the right to a blood test was offered and honoured.
In speeding cases the equivalent questions are the certification and verification of the radar or laser device, the position of the device, the signage, and the identification of the driver rather than the vehicle. In article 384 cases the file often assumes rather than proves that the person had lost all points or knew of the disqualification, and notification of that decision has to be established.
A conviction under these articles creates a criminal record, and for non-EU nationals that can affect residence renewals. The driving disqualification takes effect in Spain and is communicated between EU member states, and a Spanish disqualification will in practice affect the validity of driving in Spain even on a foreign licence.
Where the sentence is a prison term of up to two years and there is no prior record, suspension under article 80 is available, and the fine or community work alternative can often be negotiated instead. Where an accident caused injury, civil liability is quantified under the traffic injury scale and insurers frequently dispute coverage in criminal cases, which is a further reason to have the criminal and civil strategies handled together.
The Criminal Code punishes a range of conduct against road safety in articles 379 and following: driving with an alcohol level above the legal threshold or under the influence of drugs, driving at excessive speed, reckless driving, driving without a licence, and refusing to undergo testing. The refusal to be tested is a separate offence and can carry penalties heavier than the drink-driving offence itself.
These are among the most common criminal proceedings faced by foreign residents and visitors, and a conviction has consequences well beyond the courtroom.
The penalties include imprisonment, a fine or community service, together with the loss of the right to drive for a period that ranges from one to four years. For foreign nationals, a Spanish disqualification can affect the ability to drive in their own country and, in some cases, their residence situation.
Because the practical impact often falls on the driving ban rather than the fine, the defence weighs every option that can reduce or avoid it.
We examine the regularity of the breath-testing device, its approval and calibration, compliance with the double-measurement procedure, the proper information of rights and the chain of custody of any samples. Defects in the testing process can lead to acquittal or to a reduction of the penalty.
Where the evidence is strong, we assess whether a negotiated agreement (conformidad) secures a materially better outcome, particularly in relation to the length of any driving ban.
We act quickly, often within the short timescale of the fast-track proceedings used for these offences, to review the evidence and advise on the best course before any hearing.
For non-resident drivers we manage the proceedings so that attendance is kept to what is strictly necessary, while protecting the outcome that matters most, which is usually the driving licence.
Beyond alcohol and drugs, the Criminal Code punishes manifestly reckless driving, driving with conscious disregard for the lives of others, and driving after the licence has been withdrawn or was never held. These are offences in their own right, with their own penalties.
The classification of the driving as reckless, rather than merely a serious traffic infringement, is frequently the contested question, and it is examined against the specific conduct and circumstances.
A conviction can have consequences beyond the sentence, including, in certain cases, the confiscation of the vehicle used, as well as practical effects on insurance and on the ability to drive both in Spain and abroad.
We set out these wider consequences from the outset, because for many clients the impact on their vehicle and their ability to drive matters more than the fine itself.
Non-resident drivers can find themselves summoned to proceedings long after the event and at an inconvenient distance. We manage the case so that attendance is limited to what is strictly necessary and that deadlines are not missed through absence.
Acting through a lawyer on the ground allows a non-resident to respond properly to the proceedings without repeated journeys, while protecting the outcome that matters most, usually the driving licence.
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Criminal defence in English before the courts of Alicante, Madrid and the whole of Spain. Tell us what has happened and we will tell you what the real exposure is.
Société de Conseil Juridique et Expert es un despacho de abogados con sedes en Madrid, Alicante, Londres y París, especializado en defensa y acusación penal, delitos económicos y corporativos y derecho tecnológico. Trabajamos con orientación estratégica en procedimientos penales complejos, propiedad intelectual y análisis forense avanzado, y prestamos consultoría jurídica, compliance y escudos de protección a particulares y empresas. Atendemos desde Alicante y Madrid, con consulta online en toda España y asistencia al detenido 24 horas. Resuelva sus dudas en las preguntas frecuentes o solicite una primera consulta.
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