Road safety offences in the Criminal Code

Safety on public roads is a legal asset that deserves protection. This is why the Penal Code provides for fines, loss of points and even prison sentences if certain offences are committed against it.

For example, the Directorate General of Traffic (DGT, from now on) states that every year more than one million drivers are fined for speeding. This figure is multiplied several times over when penalties for driving under the influence of alcohol or narcotic substances, endangering drivers and pedestrians by running a traffic light or stop sign, etc. are added.

This is why we have decided to dedicate an article to the offences against road safety set out in the Criminal Code. We hope that it will help to raise awareness and reduce the numbers involved.

Offences against road safety under the Criminal Code

Firstly, we must refer to what is popularly known as the "new traffic law". This is the nickname given to Law 18/2021, of 20 December, which modifies the revised text of the Law on Traffic, Circulation of Motor Vehicles and Road Safety. The reason? It has introduced new offences and has provided for more serious penalties and sanctions in certain cases.

Having said this, it is obligatory to continue specifying that road safety offences in the Penal Code appear in Chapter IV of Title XVII. Specifically, between articles 379 and 385. We have divided them as follows.

Speeding

Not all cases of speeding are criminalised in the Penal Code. For this to be the case, the driver must be driving at 60 km/h over the maximum speed limit on urban roads and 80 km/h over the maximum speed limit on interurban roads (Art. 379.1).

This action entails the withdrawal of the driving licence for a minimum period of 8 months and prison sentences of 3 to 6 months. It is possible to commute them to fines of 6 to 12 months or community service for between 31 and 90 days.

Consumption of alcohol or drugs

The consumption of alcohol is considered an offence against traffic safety when it exceeds 0.60 mg/l in exhaled air or 1.2 g/l in blood. There is no legal minimum for the consumption of narcotic drugs, psychotropic drugs or any other toxic substance (art. 379.2). The penalties are the same as those indicated in the previous section.

For their part, the police authorities have the right to request a breathalyser and/or drug test if they deem it appropriate. In this respect, the driver cannot refuse. If he does so, under Article 383 of the Penal Code, he will face a prison sentence of between 6 and 12 months and the withdrawal of his driving licence for a period of between 1 and 4 years. This is one of the lesser known traffic safety offences.

Driving without a licence

This offence refers to the driving of a vehicle of any kind by a person who has not obtained a licence or, failing that, who has had his or her licence withdrawn for the commission of any offence or the loss of all his or her points. It carries a prison sentence of between 3 and 6 months, which may be commuted to a fine of between 12 and 24 months or community service for 31-90 days.

Leaving the scene of the accident

In this case, the Penal Code includes the case of drivers who, after having caused an accident, leave the scene to avoid responsibility. The penalties vary according to the nature of the action and the consequences suffered by pedestrians or occupants of the other vehicle.

If the event is due to recklessness on the part of the driver leaving the scene, he or she faces between 6 months and 4 years in prison and the withdrawal of his or her driving licence for 12-48 months. In the case of a simple accident, the penalties are halved.

Reckless driving

This offence is defined as driving a motor vehicle or moped while infringing the established rules of the road. This would be the case, for example, of speeding or the consumption of alcohol or drugs, since both actions imply a risk to the integrity of other road users. The Penal Code provides for the withdrawal of the driving licence for a period of between 1 and 6 years and prison sentences of between 6 and 24 months.
However, the Penal Code goes a step further by referring to "driving with manifest disregard for the lives of others". This term refers to such extreme actions as, for example, driving in the wrong direction on a motorway.

It does, however, make a distinction between the normal type and one of an attenuated nature. Let's have a look at it:

• Reckless driving puts the lives of others at risk. In this case, it provides for prison sentences of between 2 and 5 years and fines of between 12 and 24 months.
• Reckless driving does not endanger the lives of others. The prison sentence is reduced to 1-2 years and the fines range from 6 to 12 months.

However, in both cases, the Penal Code provides for the withdrawal of the driving licence for a period of 6 to 10 years.

Placing obstacles

Offences against road safety can also be committed while not on board a vehicle. This would be the case, for example, of placing obstacles on the road, damaging road signs or spilling slippery or flammable substances. Prison sentences range from 6 months to 2 years, but may be commuted to fines of 12 to 24 months or community service of between 10 and 40 days.

What if several traffic safety offences are committed at the same time?

For example, it is possible that the same driver gets behind the wheel drunk and then drives recklessly and at too high a speed. In this case, the Criminal Code stipulates that, in the event of a concurrence of rules, only the offence committed later will be punished, that the penalty will always be applied in the upper half of the sentence and that the subject will be obliged to compensate for the civil liability that has arisen.

As has become clear, offences against road safety in the Penal Code are severely punished. This is not surprising if we take into account that their commission involves endangering the life of the subject and the lives of all those around him.

For any problem related to traffic offences, consult our law firms in Madrid to advise you with a criminal lawyer specialised in this area.