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.

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