Crime against traffic safety
Crime against traffic safety
Offenses against road safety pose a serious threat both to the life of the driver and to that of third parties. These offenses encompass unlawful conduct involving reckless driving and violations of established safety regulations. Under the Penal Code, such acts are classified as offenses against collective safety, and the penalties may range from fines and suspension of driving privileges to imprisonment, depending on the severity of the incident.
What Does the Law Protect in Road Safety Offenses?
The legal interest protected in these offenses is road safety, a collective value that includes interests such as life, physical integrity, and health of individuals. Protecting these interests is fundamental to ensuring coexistence and the safety of all road users.
Main Offenses Against Road Safety Under the Penal Code
The Spanish Penal Code, in Chapter IV of Title XVII (Articles 379 to 385 ter), establishes conduct that constitutes road traffic offenses. The main offenses are as follows:
- Excessive Speed: Exceeding 60 km/h in urban areas or 80 km/h in interurban areas. Penalties: imprisonment, fines, community service, and suspension of driving privileges.
- Driving Under the Influence of Alcohol or Drugs: Exceeding legal alcohol limits or driving under the influence of drugs. Penalties are similar to those for excessive speed.
- Reckless Driving: Conduct that poses a concrete risk to the life or physical integrity of others. Penalties: imprisonment and suspension of driving privileges.
- Driving with Disregard for Life: Extremely dangerous conduct, also referred to as “homicidal driving.” Penalties are more severe, including long-term imprisonment and loss of driving privileges.
- Hit-and-Run: Leaving the scene of an accident involving injuries or fatalities. Penalties vary depending on the circumstances.
- Refusal to Submit to Breathalyzer Tests: Refusal to comply with tests requested by police authorities. Penalties include imprisonment and suspension of driving privileges.
- Driving Without a Valid License: Operating a vehicle without having obtained or after losing a driving license. Penalties: imprisonment, fines, or community service.
These offenses can have serious legal and social consequences.
Harmful Outcomes in Road Safety Offenses
When a road safety offense results in injury or death, multiple legal provisions may apply concurrently. In such cases, the most severe penalty will be applied at its upper half, in addition to sanctions corresponding to the damage caused.
We Can Help
Offenses against road safety not only endanger life and physical integrity but also carry severe legal consequences. If you or a loved one face charges for these offenses, it is crucial to seek advice from a criminal law attorney to protect your rights and minimize legal repercussions. At Fukuro Legal, we are committed to providing the best possible defense in these complex and sensitive cases.
Frequently asked questions
Criminal matters are complex and often time-sensitive. If you need further clarification or legal guidance, our criminal lawyers can evaluate your case and advise you accordingly.
Still have questions?
Cases involving traffic safety offences often require immediate assessment of evidence and procedural steps. Early guidance from an urgent criminal defense lawyer ensures that legal rights and procedural guarantees are respected from the outset.
What conduct constitutes a crime against traffic safety?
Crimes against traffic safety include driving under the influence of alcohol or drugs, reckless driving, excessive speeding, driving without a valid licence, and refusal to submit to alcohol or drug testing. Criminal liability depends on the level of risk created and the circumstances of the conduct.
Can criminal charges arise even if no accident occurs?
Yes. These offences are classified as endangerment crimes. Criminal liability may arise solely from the dangerous conduct, even if no accident, damage, or injury actually occurs.
Does the offence require intent or is negligence sufficient?
Some traffic offences require intent, while others may be committed through serious negligence. The specific legal classification depends on the type of conduct and the degree of risk involved.
What penalties may be imposed if there is a conviction?
Penalties may include imprisonment, fines, community service, and deprivation of the right to drive motor vehicles. A criminal record will also result. The severity depends on the offence and any aggravating circumstances.
Why is early legal advice important in traffic safety cases?
Early legal assistance allows for immediate review of police actions, breath or drug tests, and procedural safeguards. Contacting an urgent criminal lawyer or a 24-hour criminal defense lawyer can be decisive, particularly in cases involving detention or fast-track proceedings.
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