De Cotta Law - Official Blog

Don't Drink Drive! Christmas Drivers Beware

Owing to the high mortality rate on our roads in Spain and with the objective of reducing the number of traffic accident victims, the criminal law has been modified and the penalties increased. This is specifically relevant to us all at this time of year. Spain used to be notorious for its lax road safety laws and people abused this fact. This is not true anymore.

 The penal law code has identified new traffic safety offences and has made the consequences of a breach of these laws more severe.

The new regulations appear in articles 379 – 385 of the Penal Code. The main changes encompass:

Breaking the speed limit:

With the new regulations it is a criminal offence to exceed the maximum speed limit permitted of 60km on a city road (suburban streets) or of 80km on an out of town road (streets between urbanised areas).

The penalty can be up to 6 months imprisonment. Evidence must be however, provided by radar.

Excess alcohol:

The maximum permitted is 0.60 mg of alcohol per litre of breath. It is not necessary to demonstrate the influence of alcohol when the test has proved an excess 0.60mg.

However, if the level of alcohol recorded is between 0.25 and 0.60 mg per litre of breath, that can still be an offence but the police would have to prove the influence of alcohol on an individual’s driving.  

It is impossible to say how many units of alcohol are safe to consume before driving as there are a lot of factors that affect each person differently. These factors include:

your age,

your weight,

your metabolism (the way your body breaks down alcohol),

the amount you have eaten, and

the type of alcohol you've had to drink.

Even one unit of alcohol (such as half a pint of lager or a small glass of wine) could take you over the legal limit, even though you might feel unaffected.

So, the “just one drink” may be a real problem for drivers and road safety, so the best advice is not to drink any alcohol at all before you drive.

The sentences dictated according to the penal law code can be up to 1 year in prison. And the refusal to take an alcohol test results in the same consequences as testing positive.

It is important to remember that once it is proved that the driver is over the limit of 0.60mg the Guardia Civil (Civil Guards Force) will proceed to arrest the driver and place them under a judicial disposition. The driver would then be brought before the court, within the maximum time of 72 hours. It is possible, though, that you could find yourself in a cell if the arrest takes place at the weekend.

 It really is best to book a taxi or take the bus or arrange a lift with a non-drinker.

 Reckless driving:

That is, those who drive recklessly and therefore consciously or knowingly putting another road user’s life in danger. The most serious form of recklessness, if convicted, will lead to a maximum prison sentence of 5 years together with a suspension of the driver’s licence for 10 years.

These are just some of the new traffic offences that we wish to emphasise and bring to your attention. We recommend that you exercise caution and common sense on the roads of

Spain & the islands and apply fully the now old adage “Don’t drink and drive.” (AT ALL)

 However we recognise that anyone can make a mistake and if you find you have any traffic problems De Cotta McKenna y Santafé will be able to assist you in a professional and effective way.

The team of lawyers at De Cotta McKenna y Santafé has 25 years of experience of helping the English speaking communities in Spain with their legal matters in Spain.

For more information on this subject, or to make an appointment for a private consultation, please contact us at De Cotta McKenna & Santafé on:

Tel.: +34 952 931 781
Fax: +34 952 933 547

 

 

How Does The Spanish Driving License Penalty System Work?

WHAT DO POINTS MEAN? FINES!!

Yes that popular catchphrase is being changed from prizes to points with the introduction on

1 July 2006 in Spain of the new legislation governing driving licences with points.

Similar to the UK where point penalties have been in place for years and following the successful introduction of the points scheme in France which has resulted in a significant decrease in serious road traffic accidents, it is now Spain´s turn.

So how does it work?

Well each driver of more than 3 years experience is allocated 12 points and those drivers of less than 3 years experience 8 points. For each driving offence, points are deducted from your allocation and once you have nil point you lose your licence.

How long will I lose my licence for?

This depends on the driving offence but for a string of minor offences you will lose your driving licence the first time for six months. If you do not learn your lesson and after you regain your licence you continue to commit offences, then the second time around you will lose your licence for more than twelve months.

How can I recover my licence or reduce my dreaded points?

By being good and attending specially designed driving classes improving your driving ability and making you aware of the errors of your ways. By attending classes, no more than 1 every 4 years, you can knock off 4 points. My next door neighbour who happens to be a driving instructor is delighted at the increased work he is likely to see. Alternatively if you behave for 3 years without committing further offences you will be granted a clean slate.

How much will I be fined?

It depends on the offence but fines will range from 90 to 600 euros.

Below are some of the offences for which you will receive points.

6 points

Driving under the influence of alcohol and drugs

Not consenting to an alcohol or drugs test

Driving in the wrong direction

Dangerous driving

Drivivng over 180 km on the motorway

4 points

Throwing dangerous objects which could cause accidents or fire.

Negligent driving

Failing to give way and to stop at a stop sign

Placing cyclists in danger

Overtaking dangerously

3 points

Failing to maintain a safe distance between you and the next vehicle

Using a mobile phone whilst driving

Stopping or parking in dangerous places

2 points

Driving without using a seat belt

Minors not in a child seat

Driving without an approved helmet

For more information on the new legislation visit this web site.

For more information on this subject, or to make an appointment for a private consultation, please contact us at De Cotta Law, De Cotta McKenna & Santafé on:

Tel.: +34 952 931 781
Fax: +34 952 933 547