Driving a motor vehicle, such as a car or a motorbike, entails a series of responsibilities for the driver. In this respect, when those rules of responsibility, contained mostly in the Law on Traffic, Motor Vehicle Circulation and Road Safety, are not met, a simple accident can bring criminal consequences for the offender, ranging from fines to loss of liberty.
At BBMabogados we specialise in criminal matters and put the best professionals in the field at your disposal to accompany you in the criminal or investigation proceedings, should you become subject to a case of criminal liability while driving. To that end, let us look at the most common situations in which such accidents take on an unlawful character.
Driving above the permitted limits
This refers to driving over the speed limit. In this regard, it is worth recalling that the permitted speed limits in Santander are 90 kilometres per hour on conventional roads.
This means that any speed above that creates a risk to public safety. In these types of situation, the penalty for exceeding the speed limit ranges from three to six months in prison. However, it can increase considerably if, in addition to speeding, it is shown that the person was driving under the influence of a psychotropic substance or alcohol, or was talking on their mobile.
Driving drunk or under the influence of any other type of substance
Driving under the influence of alcohol is an offence, since it is understood that the driver’s conduct may endanger the material and physical safety not only of the driver themselves, but also of those around them.
In this case, to determine whether someone is indeed driving while intoxicated, the authorities commonly carry out the breathalyser test, check or reading. Thus, if the alcohol level is above 0.5 grams per litre of blood and 0.25 milligrams per litre of exhaled air, the driver is deemed to be drunk or intoxicated.
The law also draws a distinction for professional drivers (those who drive public transport, taxis or the like). In such cases, the alcohol limits for this type of professional are 0.3 grams per litre of blood for them to be considered under the influence of alcohol.
FALSE POSITIVES IN THE BREATHALYSER TEST
For their part, anyone found guilty of driving under the influence of alcohol may face a penalty of three to six months in prison. Now, in our experience, it is vital to seek the services of a lawyer as soon as one is accused of having driven under the influence of alcohol, since cases in which the breathalyser test gives false positives are well known; that is, it indicates that the alcohol levels in the person’s blood exceed the permitted limits, when in reality this is false.
In any case, with the right advice, the authorities can be required to repeat this test.
RECKLESS DRIVING
This involves conduct on the part of the driver that endangers the lives of third parties. In other words, acts are committed which are in themselves a risk. Here we refer especially to driving with manifest disregard for human life. Examples include driving at excessive speed within a school area or driving the wrong way, driving at a speed far above that permitted on a road, or even performing manoeuvres with the vehicle that would in themselves be a risk.
In any event, faced with this specific type of driving, the person responsible may face a penalty of one to two years in prison.
Failing to comply with or undergo the tests required at road checkpoints
Driving means accepting a number of rules. Thus, it is usual for the authorities to set up checkpoints to carry out inspections. In this respect, the driver is obliged to comply; otherwise, they will fall into an offence.
This refusal can, in turn, take the form of:
❶ Failing to stop or halt at a road safety checkpoint that orders you to halt.
❷ Where the authority tells the driver they must undergo the alcohol or drugs test and they refuse.
In both cases, the driver may be subject to a penalty of six months to one year in prison.
Deaths and injuries from traffic accidents in Santander
Where a traffic accident has caused damage to another’s property, injuries to third parties or the death of another human being, it becomes necessary to assess the driver’s conduct. Thus, if they were driving in any of the situations seen above, their liability is clear and their penalty will increase according to the harm caused.
For their part, it is necessary to analyse each particular case, with a view to designing the best procedural defence against the accusations that will arise against the driver.
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